4. On 22 January 2018, The Court received a correspondence from the Applicant
informing the Court of a change of his counsel.
5. On 25 April, Pleadings were closed and hearing commenced
APPLICANT’S CASE
a) Summary of Facts
6. The Applicant in his application dated 12 July 2016, claims ownership of a
building situated at Fass Delorme with land title number 11766, acquired on April
22, 1963 (Land Registry Title document Exhibit (1) annexed). It came to his
knowledge at the point of an attempted sale of the said building by The Islamic Bank
of Senegal (hereinafter referred to as The Bank) in the exercise of their right as a
mortgagee same being security for a loan of 3, 250, 000 CFA Francs it granted to
one Mr. Saer Diop an employee of The Bank. Though the Applicant was not a party
to the mortgage loan, which was granted upon presentation by Mr. Saer Diop of a
letter of proxy purportedly written by him, he believes that the status of Mr. Saer
Diop in The Bank facilitated the implementation of the scheme.
7. On 9 March 2004, the Dakar Regional Court approved the auction and awarded
the forced sale of the land to one Madame Salimata Siama for 14,000,000 (fourteen
million) CFA Francs without the production of the said letter of proxy (Exhibit 2copy of the award judgment was annexed). The Bank collected the entire sale price
of the building from the auction whereas the alleged debt was about 3,250 000 (three
million, two hundred and fifty thousand) CFA Francs without interest.
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