hearing on 18 December 2009 ;
When the hearing started, Barrister Thierro Yattabarv, legal counsel for
for the respondents stated that her client Mariam Doumbia et al. regularly live in the
compound located at Magnambougou, that he wishes that the estate should be
physically
shared with his client getting this house, while the applicant gets the other compound
located at Boulaba C/Dioïla;
Barrister Yacouba Fofana, legal counsel for Kadidia Doumbia rejected
this offer, arguing that the estate had been determined and evaluated, that the only
decision left is to rule on the sharing of the estate and appoint a notary
to act accordingly.
GROUNDS OF THE DECISION
Evidence and submissions during the hearing have established that
the estate of late Ousmane Diarra
is made up of two compounds, with one located at
Magnambougou and the other located at Boulaba in the cercle de
Dioïla area;
It has also been established that the estate of late
Ousmane Diarra was evaluated with the relevant reports
included in the case file showing the following estimates:
- one million three hundred and seventy-four thousand six hundred
( 1 374 600)
CFAfrancs for the compound located at Boulaba cercle de
Dioïla area;
-seven million seven hundred and sixty-two thousand two hundred and eighty
(7, 762, 280) CFA francs for the compound in Magnambougou ;
It has also been established that the parties through the oral submissions
of their counsel failed to arrive at an out-of-court sharing
whereas article 815 of the Civil Code states that nobody is compelled to remain
a joint owner and sharing is still possible,
and article 816 of the same code provides that sharing may be requested, even when
one of the joint heirs has individually received part of the property from part of the
property under the estate, if there was no deed of partition, the sufficient possession
to acquire prescription;
That in these conditions, it is important to share the
estate of late Ousmane Diarra and task a notary with the sharing;
NOW THEREFORE
The Court :
Ruling in public, in the presence of both parties, in a customary proceeding,
and as the court of first resort with the support of assessors;
As concerns procedural issues, declares the petition of Kadidia Doumbia
admissible;