Tribunal de Dakar : Moustapha Tall poursuit la SGBS pour escroquerie à jugement, 10 milliards F CFA réclamés
The Dakar High Court examined a case between businessman Moustapha Tall and Société Générale Sénégal (SGS SN, SGBS) and some of its executives, including Latyr Ba, Michel Kuhlman, Abdoulaye Ndiaye, and Bondy Diouf. Moustapha Tall accuses them of fraud in court proceedings.
In his direct summons, the plaintiff maintains that he acted as mortgage guarantor for the company Moustapha Tall SA, which was linked to the bank by a current account agreement for 990 million CFA francs. According to Moustapha Tall, the bank enforced the mortgage guarantee through forced expropriation at the public auction on June 2, 2015, for 400 million CFA francs, even though no liquid and due debt had been established.
In parallel, the bank had obtained a payment order (order no. 450/2014) dated April 22, 2014, for the amount of 973,256,619 CFA francs. However, this order and the related enforcement order were annulled by a judgment dated March 4, 2021, a decision upheld by the Court of Appeal on October 27, 2022. The plaintiff also asserts that the bank subsequently filed a new claim with the Commercial Court, seeking 574,497,159 CFA francs, presented as the remaining balance of the debt after deduction of the property's auction price. A payment order (order no. 041) dated February 7, 2023, was issued to this effect. However, an objection remains pending before the Dakar Court of Appeal.
Believing that the bank did not hold any definitive claim at the time of the sale of his building, Moustapha Tall accuses Société Générale Sénégal of having used fraudulent maneuvers and the false status of creditor to obtain the forced sale of the property, acts which he describes as fraud in judgment, an offense provided for and punished by article 379 of the Penal Code.
In court, Moustapha Tall stated that the events allegedly took place while he was in prison, claiming that the defendants took advantage of his absence to commit their crime.
For his part, the defendant Bondy Diouf denied responsibility, claiming to be the bank's sales manager. He explained that the account in question was not under his management at the time of the events.
The other defendants were not present at the hearing. They were tried in absentia.
The lawyer for the plaintiff, Mr. Mbaye Sène, claimed 10 billion CFA francs in damages for all causes combined. The public prosecutor requested the application of the law.
For the defense, attorney Alioune Badara Fall argued that Moustapha Tall is "seeking financial stability" and has initiated legal proceedings against several local banks. The lawyer pleaded for his clients' acquittal and filed a counterclaim for 20 billion CFA francs.
The court adjourned the case for deliberation until April 9th.
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