In Dakar, the Al Baraka Hotel case continues to raise serious questions about judicial operations and the enforcement of court decisions. In its ruling No. 03 dated August 24, 2023, the Dakar Court of Appeal, presided over by Judge Pape Ousmane Diallo, had overturned the auction judgment and ordered the hotel's restitution to its owner, Adel Tarraf.

This decision became final after Société Générale Senegal declined to appeal to the Supreme Court. Yet, several months later, the Dakar-Plateau Land Registry has still not executed the ruling, according to the owners. In a public statement, they questioned: "Why is a definitive court decision being delayed in its application?"

Just as the case appeared closed, a new development reignited the legal battle. The auction purchaser filed a third-party opposition seeking to overturn the appellate ruling. However, as noted in legal documents, Senegalese Civil Procedure Code and OHADA Uniform Act provisions exclude this type of appeal in real estate seizure cases. This judicial initiative has baffled legal observers, who question the admissibility of such a procedure.

Another contentious issue involves jurisdictional authority. Instead of being reviewed by the chamber specializing in real estate seizures, the case was brought before the Third Civil Chamber, headed by Judge Aïtou Guèye. The document notes that despite protests from Adel Tarraf's defense team demanding transfer to the proper jurisdiction, the case remained with this chamber. The proceedings resulted in the August 24, 2023 ruling being overturned, causing the original owner to lose the hotel. Adel Tarraf continues to dispute the debt that triggered the seizure, claiming it was contracted without his knowledge with what he believes is a forged signature.

This case isn't isolated. A similar pattern appears to be emerging in the INSECO case concerning land on Boulevard du Centenaire. After two years of examination by the Second Civil and Commercial Chamber, the file was transferred without public explanation to the Third Civil Chamber—the same jurisdiction that ruled on the Al Baraka case.

This parallel fuels questions about how sensitive cases are being directed within the judiciary. The document highlights several unresolved issues: the non-enforcement of a final ruling, the admission of a legally contested procedure, and the repeated steering of cases to the same chamber. In this context, Adel Tarraf has turned to the Supreme Court as his final recourse to assert his rights.