200 bales of bazin fabric, a 32 million franc difference: The trial of a delivery error

A delivery error involving luxury fabrics has escalated into a legal dispute between the Chinese import-export company Bao and Brothers, based in Sandaga, and the merchant Maodo Yade. Charged with shoplifting after receiving and reselling 200 bales of Bazin Super Fama instead of the Wax fabric he claims to have ordered, the merchant appeared before the local court on Monday.

In July 2026, Maodo Yade, a loyal customer of Bao et Frères, placed two successive orders for Wax Thioup Flach. The first order, placed on July 1st, was for 100 bales, of which 96 were delivered. The second order, placed on July 6th, was for another 100 bales, plus the four remaining units from the first order. In total, the merchant received 200 bales, for which he claims to have paid 8 million CFA francs, at a rate of 40,000 CFA francs per bale.

However, according to the plaintiff, a mix-up occurred at the warehouse. The manager at the time, Seydou Omar Ndiaye, delivered Bazin Super Fama, a luxury fabric sold for 200,000 CFA francs per bale, instead of the Wax Thioup Flach ordered. The merchandise delivered to the merchant is thus valued at 40 million CFA francs, compared to 8 million for the initial order. This represents a discrepancy of 32 million CFA francs.

The error was discovered on July 7th, when Maodo Yade returned to the company premises to place a new order for 205 bales, with a 10 million CFA franc advance payment. According to representatives of Bao et Frères, company officials then tried to contact him several times to inform him of the mistake. But the merchant told them he had already sold all of the merchandise within 24 to 48 hours.

In court on Monday, Maodo Yade categorically denied the shoplifting charge against him. He maintained that he received exactly the fabrics he believed he had ordered from the company. While acknowledging that he received the 200 bales in two deliveries, he asserted that he had checked them before putting them up for sale. In his defense, he stated that he had paid the 8 million FCFA corresponding to the two orders and had made an additional deposit of 10 million FCFA for a third order that was ultimately never delivered.

The plaintiffs, represented by lawyers El Hadji Diouf, Abou Dialy Kane, and Tafsir Abdoul Sy, argued that Bazin Super Fama fabric had been delivered instead of Wax. Relying particularly on the statements of Wu Yungang Bao, also known as Omar Chinois, the company's cashier, the lawyers asked the court to find the defendant guilty of the charges. They requested 37 million CFA francs in damages.

The prosecution, for its part, argued that the offense of shoplifting had not been established. The public prosecutor thus deferred to the court's judgment regarding the sentence to be handed down.

For their part, lawyers Youssou Guèye, Étienne Dione, and Cheikh Sy, representing the defense, argued for a complete acquittal. They also requested their client's provisional release.

The court granted this last request by ordering the release of Maodo Yade. The case was adjourned for deliberation until November 5th.