Whereas the Court of Appeal of Bamako is criticised to have declared inadmissible the
intervention as a non-disputing party of the appellant, upholding that she had no legally protected
interest nor quality to claim the sum of 10,768,734CFAF invested and included in the succession
mass of the deceased Sekou KANTE.
Whereas the lack of legal basis sanctions the judge as regards inadequate factual findings
necessary to legally justify an upheld solution; whether incomplete or imprecise findings; there is
only an incomplete justification for the decision; if the plea is admitted, the Court criticizes the
judge to have acted without asserting any element necessary for the legal consistency of
reasoning (see Yves Chartier, “La Cour de Cassation, 2nd Edition, Collection connaissance du
Droit“, 2001 pages 68 and 69.)
Whereas to declare inadmissible the appellant’s intervention as a non-disputing party, the
contested judgment states:
“Mrs Nientao Assitan DIARRA does not contest the fact that the management of rents of the
concession at Torokorobougou was entrusted to her; neither does she contest the fact that she had
no other source of income; that under 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, that Mrs NIENTAO Assitan DIARRA therefore has no legally
protected interest nor quality to demand the 10,768,734CFAF 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 the Court of Appeal, by retaining that the appellant invested using the rents realised
from the house of the deceased which she was managing; that she had no source of personal
income; that she is not an heir to the deceased Sekou Kante, carried out the allegedly omitted fact
finding;
Whence it follows that the plea is unfounded;
FOR THESE REASONS .
On the form:
Receives the appeal
ON THE SUBSTANCE
Dismisses it
Orders the confiscation of the statutory deposit already paid into Court.