Applicant supports his claim with Exhibit 1 thus grounding the claim of
ownership of both parties on same land and with same registration number.
d. Size of the property: An extract from the judgment of the Tribunal Regional
Hors Classe of Dakar approving the auction by the Bank (page 1 of Exhibit…)
states the subject-matter as follows; “Application seeking an order from the
Tribunal on the auctioning of a mortgage plot of land, bearing as owner
Siekhe GUEYE measuring 305 square meters (Emphasis provided) located at
Fass registered under Title No 11766/DG, including the buildings erected on
it…” Similarly, a synopsis of the land registry being the document submitted
by the Applicant to support his claim of ownership equally captured the size
of the property registered in favour of Siekhe Gueye as “full ownership of a
virgin plot of land measuring three hundred and Five (305) square meters...”
In essence, the size of the property auctioned is the same as in the land
document annexed by the Applicant.
e. Location of property: The disputed property claimed by both parties is
located at Fass Delorme, Dakar Senegal
f. Details of the Property auctioned: the Applicant has consistently maintained
that he is the owner of the property with Title No TF No 11766/DG that was
sold by the Regional Court Tribunal Regional Hors Classe of Dakar, during
its public auction of 9 March 2004. Confirming this averment, the Respondent
stated at page 5 of its defence (Document 2) thus: “Whereas it is trite that the
following auction by the Tribunal Regional Hors Classe Of Dakar on 9 March
2004 in regards to the property Title No 11766/DG belonging to Siekhe Gueye
(and not Cheikh) ……” (Emphasis provided). Furthermore, the extract from
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