Scheduled again for hearing on 5 March 1995, then postponed
successively to 29 March 1995 for eventual remarks from
the parties on the enforcement of the A.D.D. and postponed to 12 April 1995 at the
request of Me DAFFE, to 3 May 1995 at the request of the legal counsel of the
appellants, to 31 May 1995 for the regular composition of the Court
.(Customary Assessors ), to 7 June 1995 for the regular composition
of the Court, to 28 June 1995 on the same ground, to 19
Ju ly 1995 on the same ground , to 30 August 1995 on the same ground
, to 21 October 1995 for the regular composition of the Court, to
1st Novemb er 1995 on the same ground, to 8 November 1995 at the
request of Kadiatou DIARRA, scheduled for deliberation on 15 November
1995, deliberation postponed to 6 December 1995 ; When this date arrived, the
deliberation was reopened and an order given to reopen proceedings : In
Interlocutory ruling. : Order that an investigation should be carried out :
1°- To determine the amount of rents collected for the house in
Médina Coura ;
2°- Include in the case file the deposit report from Me DEME Notary and
Me BAH, Bailiff or any other legal document that makes it possible to
assess their respective management;
Appoints Trial Judge Wafi OUGADEYE to perform this assessment:
Reserves judgement on the award of costs :
Rescheduled for hearing on 7 August 1996, it was postponed
successively to 14 August 1996, date of the first hearing of
vacation, during the extraordinary hearing of 4 September 4, 1996 (
UEMOA/OHADA of August 26 to 28 1996), to 25 September 1996
to check an investigative mission , on this date, it was scheduled for
deliberation on 20 November 1996, on this date, the proceeding was postponed to
2 December 1996, when this date arrived, the deliberation was reopened
for a new composition and the case scheduled for deliberation on 15 January
1997:
On this date, the Court, having considered according to the law,
handed down the following judgement:
THE COURT
Mindful of the case documents ;
WHEREAS the parties and their respective legal counsels presented
their actions, claims and arguments :
l 4 The State in relation to justice :
After deliberating about this case in accordance with the law ;
I - AS CONCERNS PROCEDURAL MATTERS: Through a legal document filed at
the
registry on 11 April 1989, Madio
NIARE appealed against ruling No.90 handed down on 6 April 1989 by the
Bamako Court of First Instance ruling in a customary
proceeding, which declared as null and void the opposition directed
against ruling No.382 of December 1989, which estimated the estate of late
Gaoussou DFRAME at CFAF 22,420,000 , broken down as
follows :
a compound located at Médina Coura
-
(occupancy permit
No.1 1 30.08.14.01 of 240759) estimated to be worth CFAF 12,719,355 :
a built -compound in Missira estimated to be CFAF 5,478,768 ;
-
the entire revenue generated by both compounds during the