Tivaouane: A businessman convicted for selling land belonging to a deceased Khalif General

A land dispute involving 48 million CFA francs was brought before the courts. I. Dièye, a businessman and former student of the Koranic school (daara) of the late Serigne Mansour Sy Borom Daraji, was being prosecuted for fraud against AA Lô. He is accused of having sold two adjoining plots of land belonging to the family of Serigne Mansour Sy, located in the Dabakh subdivision in Tivaouane.

According to the facts presented at the hearing, the defendant sold the two plots of land to AA Lô for 48 million FCFA. In court, I. Dièye denied any fraudulent intent. He maintained that he had acquired the land in 2011 from Serigne Mansour Sy for 12 million FCFA, in the presence of the prefect at the time and several witnesses.

The businessman also claims to have informed Serigne Habib Sy, son of the deceased marabout, before proceeding with the sale in 2025. According to him, the latter gave his approval. He added that all of Serigne Mansour Sy's heirs were aware of the initial transaction between their father and him.

But things took a different turn after the acquisition. AA Lô had begun construction work on the plots when Serigne Habib Sy ordered him to stop. Surprised by this intervention from the son of Serigne Mansour Sy Borom Daraji, the buyer turned against his seller before filing a complaint for fraud.

However, the investigation revealed a different version of events regarding the exchanges between I. Dièye and Serigne Habib Sy. According to the file, the latter had asked him to wait before any sale, explaining that, since his father's death, several people had been claiming ownership of land on the site.

A version that the defendant continued to dispute, now that he had properly informed the marabout's son before handing over the plots.

The plaintiff denounces a sale without a title deed.

Speaking on behalf of the plaintiff, Omar Faty, the lawyer for the plaintiff, argued that his client had been the victim of a fraudulent scheme. According to him, I. Dièye had taken AA Lô to Serigne Habib Sy, before leading him to believe, upon his departure, that the marabout had given his approval to the transaction.

“My client then paid him 48 million FCFA. He sold the plots even though he had no title deed. He did not present any deed of sale proving that he had bought the land from Serigne Mansour Sy,” argued the lawyer.

The lawyer asked the court to find the defendant guilty and sentence him to the penalty requested by the prosecution. He also claimed 58 million FCFA in damages.

The prosecutor's office is questioning the authenticity of the statement.

In his submissions, the public prosecutor noted inconsistencies in the document presented by I. Dièye to justify the land acquisition. He specifically questioned the authenticity of the administrative certificate dated March 12, 2012, which included the mention "Ex Serigne Mansour Sy".

According to the public prosecutor, this wording suggests that the marabout was already deceased on the date the document was issued, whereas Serigne Mansour Sy died in December 2012.

The prosecutor also emphasized the statements of Serigne Habib Sy, who had asked the defendant not to sell the plots of land. Despite this instruction, he maintained, I. Dièye had led the buyer to believe that the deceased's son had given his consent.

Considering the facts of fraud established, the prosecution requested a three-month suspended prison sentence and a fine of 100,000 FCFA.

The defense argues for acquittal.

For his part, Mr. Sène, the defense lawyer, refuted the accusations against his client. He maintained that I. Dièye had indeed acquired the two plots of land from Serigne Mansour Sy, in the presence of witnesses, before obtaining an administrative document from the prefect.

According to him, his client therefore held rights to the plots at the time of their transfer. He also argued that AA Lô had obtained a NICAD (National Identification Number for Land Registry) after his acquisition, a fact which, in his view, demonstrates that he had not been the victim of fraud. The defense thus requested the outright acquittal of its client.

At the end of the proceedings, the court ultimately found I. Dièye guilty of fraud. He was sentenced to three months' imprisonment, suspended, and ordered to pay 50 million FCFA in damages to the plaintiff.