REASONS FOR THE DECISION
Whereas it is established in Judgment No.320 of 11th May 2007 by the Civil Court of
Municipality VI of the District of Bamako that neither Mrs. DIARRA Assitan NIENTATO nor
the mother of the latter, named Saran TOURÉ, are heirs of the deceased Sekou KANTE;
Whereas it is not disputed by Mrs NIENTAO Assitan DIARRA that the
management of the rents from the Torokorbougou concession was entrusted to her, that she does
not dispute that she had no other source of income;
That in these conditions, it is with rents accruing to the heirs of the deceased Sekou KANTE that
she invested to lodge her mother in the concession which does not devolve to them by
succession;
Whereas Mrs. NIENTAO Assitan DIARRA has therefore neither legally protected interest
nor quality to claim the 10,768,734 FCFA invested and included in the succession mass of the
late Sekou KANTE; that her application to intervene as a non-disputing party is therefore
inadmissible;
Whereas it is a legal principle that no one can be forced to remain under joint ownership or
possession; it is therefore appropriate to grant the request for division of the succession mass
formulated by the heir Barou KANTE, and that the succession mass consists of the concession
located in Torokorobougou and the bare plot of land located in Magnambougou of a total value
of 17,445,677 FCFA, and rule that the sharing will be done between the legally known heirs;
Thereupon, the Court must accordingly uphold the contested judgment in its provisions
concerning the claims of Mrs NIENTAO Assitan DIARRA, declare inadmissible her application
to intervene, and order the sharing of the whole succession mass in favour of the legally known
heirs;
Having regard to the provisions of Article 9 of the Criminal Procedure Code;
FOR THESE REASONS
Ruling publicly, after due hearing, in civil matters and in last resort;
On the Form :
Receives the main appeal and cross-appeal
On the Substance:
Confirms the contested judgment in its provisions concerning the determination of the succession
mass and its value, and reverses its other provisions;
Ruling anew:
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