Conflict between partners: Babacar Athie wants the dissolution of Aby's Garden, the court postpones the case until October 2nd

The legal saga surrounding the Aby's Garden restaurant continues before the Dakar Commercial Court. According to Seneweb, the case was heard this Thursday as part of dissolution and liquidation proceedings initiated at the request of partner Babacar Athie. However, the hearing was adjourned until October 2, 2026, to allow for verification of the case file.

This action follows a summons issued on December 4, 2025, at the request of Babacar Athie. Athie, who holds 200 of the company's 500 shares, compared to 300 for Aby Ndour, is asking the court to order the dissolution and liquidation of Aby's Garden SARL. He argues that the disagreement between him and Aby Ndour makes the normal operation of the company impossible.

In his summons, Babacar Athie claims he was gradually sidelined from managing the company. He maintains that he was barred from accessing Aby's Garden's premises, that employees were instructed to stop following his directions, and that he no longer had access to information regarding the company's income and expenses, thus preventing him from fully carrying out his duties as co-manager.

Based on the provisions of Article 200 of the OHADA Uniform Act relating to the law of commercial companies and economic interest groups (AUSCGIE), he requests the dissolution of the company, the appointment of a liquidator to carry out the liquidation operations, and the condemnation of the defendant to pay the costs.

The case, which was initially called for the allocation hearing on December 22, 2025 before being adjourned to that date, will be examined again on October 2, 2026.

The commercial court will issue its ruling after verifying the documents submitted to the file by the parties.