8. The Applicant states that he did not participate in any of the processes leading to the sale of his property, including the signing of the mortgage agreement. As a Notary Public witnessed the mortgage agreement in his absence upon a presentation of a letter of proxy purportedly written by the Applicant. These facts remain uncontroverted by the Bank. All services of notices regarding the sale were effected by substituted service on the Town Council on the pretext that he could not be located, despite his popularity in the city of Diourbel. Therefore, he only became aware of the whole process on the 13 January 2006 during an attempt to evict him. 9. Following his knowledge of the auction of his property, he filed a case against the Bank, its Director General-Mr. Azhar Khan, Mr. Saer Diop and Mrs. Salimata Siama, before the Criminal Court for the offences of fraud, and forgery of administrative documents, wherein he claimed the sum of 80 million CFA Francs for damages. However, on 21 November 2006, they were acquitted of the alleged offences while the Court rejected his claims for damages. Upon appeal, the Appellate Court in a judgment dated 28 July 2014, set aside the judgment, not on the substance but on the improper composition of the lower Court and ordered a retrial. A further appeal was filed before the Court of Cassation but it was dismissed. b) Pleas in Law 10. The Applicant alleges that the Respondent a violated his right to property under Articles 14 and 17 of the African Charter and the UDHR respectively, by unlawfully auctioning his property without his approval or knowledge. Article 14 of the African Charter provides, “The right to property shall be guaranteed. It may only be encroached upon in the interest of public need or in the general interest of the community and in accordance with the provisions of appropriate laws.” Article 17 5

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