Land title 320 / DP was granted as a first degree conventional loan accompanied by a various prohibition in favor of the CBAO Attijariwafa Bank group, as a guarantee and repayment guarantee of the sum of 214 million FCfa, amount of credit line granted by said bank to SARL Transgaye, with the mortgage guarantee of the heirs of the late Amadou Ndiol Gaye, as shown in a deed dated June 19 and July 16, 2014.
Since that date, the last payment deadline for the loan was met in April 2018. Despite the full repayment of the loan, the heirs are still in the running for their land title, while the bank is slow in granting a release on this loan.
It is a land of 16 people (4 widows and 12 children) that the interim administrator of Transgaye, a company 61% owned by the late Amadou Ndiol Gaye, has deposited with the financial institution. The interim administrator of the company, having wanted a loan from the CBAO, asked the heirs to authorize him to mortgage the land title. Disappeared in 1997, Amadou Ndiol Gaye left his family, among other assets, the land title n ° 320 / DP.
A court decision to authorize the mortgage
Faced with the lack of unanimity among the heirs on the idea of the director of the father’s company, the case was brought to court. This is how a judge of the Rufisque departmental court authorized the mortgage, despite the opposition of some heirs.
The mortgage document, of which “EnQuête” owns a copy, was signed by the representative of the bank, the notary and a sequester representing the borrower and the guarantors. The amortization plan for the heirs shows that the loan has been fully repaid. The latest deadline is April 10, 2018.
Despite everything, no release has yet been signed on the land title, in order to allow the heirs to find their land. “The refusal to ask for the repayment of the mortgage shows that these people had other goals” says Demba Gaye. Same thing for the interim director of the Transgaye company, to which she benefited from the loan.
Tired of waiting, the heirs filed an action against the inertia of the kidnapper who signed the mortgage. The latter was revoked by the Tribunal de Grande Instance of Dakar, which appointed a new kidnapper of the estate of the deceased Amadou Ndiol Gaye, with sentence no.333 of March 15, 2021, by the will of some heirs.
With a letter dated 8 June 2022, downloaded from the CBAO on 13 June 2022, the new bankruptcy trustee asks the bank for a declaration of the heirs’ commitments on land title 320 / DP. Despite this, it is absolute calm on the part of the banking authorities, assures Demba Gaye.
3 months to reply to a letter … and an invisible reply
Together with “EnQuête”, the legal department of the CBAO Attijariwafa Bank group talks about a procedure handled by the deeds and liquidations department of the CBAO. Confirming the letters from the bankruptcy trustee, he claims that the bank responded to the request, with a letter dated 2 September 2022.
Reached by our editorial staff, the bankruptcy trustee assures that he has not received, to date, any letter from the CBAO. After four years of waiting, the heirs of the deceased Amadou Ndiol Gaye ask for the release of the mortgage on the land title of their inheritance. A 4,000 m2 plot that seems to whet many appetites.
Alongside the controversy between the CBAO and Senegalese entrepreneur Bocar Samba Dièye, whose landholdings have been seized and sold, the heirs of the late Amadou Ndiol Gaye do not wish to experience the same misfortune with the financial institution.
Investigation
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