the 1983 to 1987 period, representing CFAF 4,222,000 and which ordered that the
the estate should be shared based on Muslim custom:
That this appeal is admissible because it was filed in accordance with the legal
procedures and
time limits:
2 - AS CONCERNS THE MERITS : Whereas to support the appeal of VIadib
NIARE, Me
Mamadou DAFFE, A ttorney, counsel for the
appellant and of the group of heirs of Gaoussou DRAME
pitted against Kadiatou DIARRA argued that the
deceased as per the law left behind two wives, Madio N1ARH and Fanta COURE,
their
respective children and two children from a religious marriage celebrated with
KADIATOU DIARRA: That the latter is laying claim to the compound in Missira
to be the share meant for her children: That paradoxically
the appealed ruling requires the majority heirs of late
Gaoussou DRAME to present the sum of CFAF 4,222,000,
which corresponds to the rents collected by them : That this amount
unsubstantiated by any proof has been imagined by Kadiatou
DIARRA : That article 1315 of the Mali Civil Code provides: " whoever
demands the enforcement of an obligation must proof it,"; That in
this case, the judge has not stated the formula he is using to come up with this
result :
That given the abovementioned article, the judge is supposed to
base his future agreement and decision on the relevance of facts
on which the case is based:
21 June 1.921 DP 1921. 1. 120): That in any case, during the proceedings Kadiatou
DIARRA did not present any evidence; ; that the contested ruling
considers nothing but assumptions whereas it should have automatically
or at the request of both or one of the parties ordered, prior to the interlocutory
ruling,
an expert evaluation on specific points: That furthermore, Me Aliou
DEME, notary had been appointed custodian of the
succession ; that he should provide a report on his management .
Whereas
Me Mamadou
DAFFE concluded that
that the known heirs of late Gaoussou DRAME are his
two widows Nadio NIARE, Fanta TOURE and his eleven children :
Mamadou,Kadiatou, Massaran, Moussa, Papa, Fanta, Lalla,
Souleymane, Bintou, Ousmane and Assitan DRAME, counsel for the
appellant desires that the majority heirs should remain
in the compound at Medina-Coura and that they should be ordered to
pay the two other heirs their share in cash.
Whereas through the pleading of 2 May 1995, Me
Mamadou DAFFE using the results of interlocutory rulings No.
485 cl 656 of 28/09/94 and 06/12/95 for 13 months, meaning from
May 1983 to June 1984, set the amount for rents to be
presentedd by the majority group at CFAF 282,750F : that he pleaded
that the judgement of 30 April 1992 to share the estate
according to Muslim Law should be withdrawn:
that Kadiatou DIARRA should present the retirement
benefits she has received so far:
that the rents collected by the heirs of late
Gaoussou
DRAME should be set at CFAF 282, 7501instead of
CFAF4,572,000 :
Whereas in her statement of defence, Barrister TRAORE
Aminata