Litige sur terrain de 4,5 hectares à Rufisque : ce que dit réellement la décision de la Cour d’appel
Ousmane Ndiaye, the representative of the heirs of the Abdourahmane Diop family, has formally contested the information recently circulated regarding the land dispute concerning a 4.5-hectare plot located in Rufisque and Keur Ndiaye Lô. At a press conference held on June 17, 2026, he maintained that the decision rendered by the Dakar Court of Appeal had been misinterpreted. According to him, the court neither ordered the return of the land to those claiming ownership nor recognized any rights in their favor.
Mr. Ndiaye, on the contrary, asserts that the Court of Appeal upheld the lower court's ruling, which recognized the rights of the heirs of the Abdourahmane Diop family, whom he represents in this case. He also rejects allegations of a fraudulent sale, land grabbing, or land dispossession. According to him, the land transfer took place through a notarized sale executed by authentic deed between legally recognized owners and the purchaser, a transaction which, he claims, has never been annulled or challenged by any court decision.
Details of the judgment
This land dispute continues to make headlines in Rufisque. Seneweb has obtained the ruling from the Dakar Court of Appeal. In its second instance ruling, the Court issued a decision on February 17, 2026, in the dispute between journalist and businessman Moussa Guèye, known as "Thiat," and Ousmane Ndiaye, who presented himself as the representative of the heirs of the late Masseck Dieng.
In the first instance, the High Court of Dakar found Moussa Guèye guilty of illegally occupying land belonging to others and entering into an agreement concerning land in the national domain. He was sentenced to three months' imprisonment, suspended, and ordered to pay 30 million CFA francs in damages to Ousmane Ndiaye.
Before the Court of Appeal, Ousmane Ndiaye produced a lease dated January 6, 2023 relating to a plot of land located in Rufisque-Est, forming lot F, with an area of 4 hectares, 56 ares and 22 centiares (4 ha 56 a 22 ca), to be separated from Land Title No. 15.424/R, which he considered to correspond to the site occupied by the defendant.
The judges, however, considered that there was no evidence to establish that the land claimed by the plaintiff was the same as that occupied by Moussa Guèye. They noted that the land corresponding to the lease is bordered to the southwest by Land Titles No. 1194/R and No. 925/R, to the north by the toll highway, and to the east by unregistered land, while the site occupied by the defendant is separated from these land titles by another unregistered land.
The court also determined, based on documents from the Rufisque Land Registry and Cadastre services, that the land occupied by Moussa Guèye, identified under NICAD number 0133011201800010, constitutes an appurtenance of the national domain. It further noted that he had a deliberation dating from 1995 and that no official rezoning of the site had been established.
Consequently, the Court dismissed the charges against Moussa Guèye for illegal occupation of land belonging to others, finding that the elements constituting this offence were not present.
However, she was found guilty of the offense of entering into a contract concerning land belonging to the national domain. The judges determined that two plots of land had been sold to a buyer by the defendant's son, acting on his father's instructions, even though the land was part of the national domain. The three-month suspended prison sentence was therefore upheld.
In civil proceedings, the Court overturned the initial 30 million CFA franc fine, finding that no proven harm resulting from the alleged offense had been demonstrated. Ousmane Ndiaye's claim for damages was therefore dismissed.
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