Cité Touba Almadies : Pourquoi l’arrêt de la Cour suprême n’impacte pas les titres fonciers des acquéreurs
Following Supreme Court ruling No. 51 issued on July 9, 2026, some interpretations suggested that the entire Cité Touba Almadies real estate development project was being called into question. Such an interpretation does not reflect the true scope of the decision. From a strictly legal standpoint, the annulment of the 2019 amending ministerial decree in no way affects the property rights of the buyers already residing on the site.
Indeed, the real estate developer Papa Cheikh Amadou Amar (Touba Real Estate) completed the sale of all the plots several years ago. No longer owning any land within the area in question, the developer is completely free of any real rights to the transferred plots. The land now belongs to separate owners, each holding a valid individual land title duly established and guaranteed by law.
The Supreme Court's ruling pertains exclusively to the annulment of the ministerial administrative act of March 6, 2019. The judges did not annul the sales contracts already concluded, nor the individual land titles allocated to the residents. By virtue of the principle of acquired rights and the protection afforded by Senegalese land law, the legal status of the purchasers remains unchanged.
Any challenge to a duly issued land title would require the initiation of a specific and individual legal procedure, during which each owner would have full rights of defense. To date, current owners remain confident in the protection of their property and the validity of their titles.
To put this decision in context, the dispute was between the Association of Residents of the Touba Almadies Housing Estate, led by Déguène Mbaye, and the State regarding the subdivision plan. The association contested decree no. 004587 of March 6, 2019, which modified the initial 2009 plan, denouncing the elimination of spaces designated for public facilities (school, mosque, health post, green spaces).
After an initial summary proceeding in which the Dakar High Court dismissed the association's case, the Supreme Court ultimately overturned the amending ministerial decree, ruling that a housing development cannot be altered without the consent of the lot owners. While this ruling reinstates the original 2009 plan administratively, it does not invalidate the real estate sales that were made in good faith.
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