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BAMAKO COURT
OF APPEAL
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REPUBLIC OF MALI
One People -One Goal - One Faith
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THE COURT OF FIRST INSTANCE OF
THE COMMUNE VI OF THE BAMAKO
DISTRICT
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No. 405/ RG
No. 405/ RC
No. 399/JGT/ADD
ORDINARY PUBLIC HEARING OF 18 DECEMB ER 2009
Ordinary Public Hearing of the Commune VI Court of First Instance
in the Bamako District
CASE :
Kadidia DOUMBIA :
v.
the Heirs of
Ousmane DIARRA
R/Mariam DOUMBIA
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;
(REPUBLIC OF MALI), on December Eighteen Two Thousand
and Nine, held in a customary proceeding by Mr Oumar
TRAORE, Presiding Judge, assisted by Maître Rakya Mint SIDI,
Sworn Court Registrar, in the presence of Mr Ibrahima
DIOMBANA and Mr Seydou KANTE, Assessors completing the Court
Tribunal, the following judgement herein after was handed down ;
Kadidia DOUMBIA : resident in Bamako:
Applicant: Present at the hearing:
ON ONE HAND;
Sharing of an Inheritance
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Heirs of late Ousmane DIARRA R/par Mariam
DOUMBIA : resident in Bamako;
Respondents : Present at the hearing;
ON THE OTHER HAND:
DECISION
OF THE COURT :
THE COURT
(See operative parts)
Mindful of the case documents ,
Whereas the applicant has presented her actions, claims and
and arguments ;
Whereas the witnesses of the respondents have presented
their grounds of defence ;
Facts- Grounds and
Procedure
Through a written application on 7 March 2008
sent to
President of the Commune VI Court of First Instance
in the Bamako District , Madame Kadidia Doumbia seeks the
sharing of the estate of late Ousmane Diarra against
the other heirs
represented by Mariam
Doumbia.
The
procedure was the subject of interlocutory ruling No. 192 on
31 July 2009 from this court, which was enforced by the
Diola Justice of the Peace with wide powers :
Through a letter on 3 November 2009 sent to the President
of the Commune VI Court of First Instance in
the the Bamako District , Barrister Yacouba Fofana, legal counsel for the
applicant sought and obtained the rescheduling of the case for