Judicial irregularities plague Al Baraka and INSECO cases in Senegal

In the Al Baraka case, the Dakar Court of Appeal, presided over by Judge Pape Ousmane Diallo, ruled on August 24, 2023, to annul the adjudication judgment and return the hotel to its legitimate owner, Adel Tarraf. However, despite the absence of an appeal from Société Générale Sénégal, the Dakar-Plateau Land Registry has refused to execute this definitive decision. Subsequently, the auction purchaser, who also owns the "Farid" hotel and previously managed Al Baraka, filed a third-party opposition to retract the ruling.

This recourse is explicitly excluded for real estate seizures under Article 281 of the Senegalese Code of Civil Procedure and Article 300 of the OHADA Uniform Act. Furthermore, the procedure was heard by the third civil chamber, led by Judge Aïtou Guèye, instead of the competent auction chamber, leading to the retraction of the August 24, 2023 ruling. Adel Tarraf lost his hotel based on a debt he claims was contracted without his knowledge by his brother, Saïd Tarraf, using a forged signature.

A similar pattern is observed in the INSECO case, involving a valuable plot of land. After losing at first instance, Adel Tarraf appealed, and the case was initially assigned to the second civil and commercial chamber. However, it was inexplicably transferred to the third civil chamber, again under J