necessarily entail proof that the property actually belongs to Siekhe as claimed, and
who else is qualified to prove same other than the one who is claimed to be the
owner. The Court reiterates its earlier finding that the facts before it lend credence
to a conclusion that a separate Siekhe Gueye does not exist, as Siekhe and Cheikh
are one and the same person.
74. Perforce, guided by the forgoing analysis and cases, a claim by the Respondent
that the Applicant is not the owner of the disputed land does not avail them.
Consequently, the Court holds that the ownership of the disputed land is established
in favour of the Applicant.
De-facto interference with possession by the Respondent:
75.
Having ruled that the Applicant’s right to the disputed property has been
established, the Court will proceed to examine if indeed the Applicant’s peaceful
enjoyment was interrupted. It is the submission of the Applicant that his building
located at Fass Delorme Dakar was unlawfully auctioned to one Salamata Siama by
the Islamic Bank of Senegal based on a mortgage fraudulently effected by using his
property as a security for a loan it granted to one Saer Diop. That following the
approval of the Regional Court in Dakar, the said Salamata Siama undertook the
necessary official procedure and the title number was changed from 11766/DG to
No 1823/DK. Additionally, the said Salamata Siama entered his property with the
intension to evict and dispossess him. These facts remain uncontroverted by the
Respondent.
76. In this regard, this Court laid an important dictum that, “Right to property
generally implies that an owner is entitled to no interference in the enjoyment of his
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