The National Bank for Economic Development (BNDE) filed a complaint against X for forgery, use of forgery and fraud. Libération, which provides the information, says that the Kaolack Prosecutor has activated the local Research Brigade in this regard.
As a reminder in this case, Vital Sa had benefited from no less than three loans for a total amount of 3 billion CFA francs. As guarantee, the debtor had made available three pieces of land valued at 4 billion by an expert. The latter is at the heart of the procedure initiated, as well as Sci Blueprint and the company Zenyl Sénégal, “taken in their capacity as mortgage guarantors” of the main debtor.
“This debt is materialized by [plusieurs] convention[s] opening credit, [la première] established on July 13 and 20, 2017 before the office of Maître Mamadou Ndiaye, notary in Kaolack, [la deuxième] established on May 22 and 28, 2018, still before the same study, [la troisième] established on March 25 and 26, 2019, [la quatrième] established on July 2 and 9, 2019, [la cinquième et avant-dernière] established on May 18 and 22, 2020, and [la sixième et dernière] established on July 16 and 22, 2021 with the same notary,” reports the newspaper.
For the recovery of this debt, the same source suggests that “after the letter of legal closure of the valid account given formal notice dated October 11, 2023”, accompanied by two “letter[s] information to the surety” addressed on the same date to Zenyl Sénégal and Sci Blueprint”, as well as “the notification of the interpellative summons serving as an order to pay dated November 2, 2023”, the BNDE initiated, through of his lawyers, “the procedure for the sale by forced expropriation of lot number 652/A2 registered on Tf number 8055/KI, originally detached from the Tf 7430/KJ), of the lease forming lot number 652/82 of Tf number 7/28/KL and lot number 17 of Tf N°7428/KI”.
The expert commissioned by Vital Sa for the purposes of the sale assesses, concerning the first plot of land with an area of 2 ha, the market value of the building at 768,556,925 F Cfa; that of the lease forming lot number 652/B2 of Tf number 7728/KI, located in the same area, at 750,180,000 Fcfa. The last lot number 17 of Tf number 7428/KI, located in Sing Sing South, is estimated at more than 2 billion, details Libération.
The only downside, notes the news daily, “the BNDE, doubting the sincerity of the expert reports after a visit to the premises, appoints Maître El Hadji Fallou Touré for a second expertise”. His conclusions contradict Vital Sa’s expert, says Libération:
“For Tf nº8055/KI, he noted that the market value of the said building amounts to
88,004,000 F Cfa against 768,556,925 for the first expertise, a difference of 680,552,925. Concerning the lease forming lot nº652/B2 of Tf nº7728/KI, the expert concluded that the market value of the said building amounts to 175,661,500 compared to 750,180,000 for the first expertise, a difference of 574,518,500 . Finally [pour le] last batch. the expert noted that the market value of the said building amounts to 300,072,000 against 2,000,580,000, a difference of 1,700,508,000.”
«[…]. In this case, it is common ground that the experts who carried out the first appraisal overvalued the buildings awarded to the BNDE. […]. A simple comparison between the amounts set in the expert reports established before the sale of the aforementioned buildings and those set in the reports established after the auction hearing allows us to note the unequivocal existence of the offenses of forgery and use of forgery. and fraud,” insists the creditor.
