, attorney and legal counsel of Kadiatou DIARRA stated that
given the challenges recorded, it is necessary to
appoint an expert to determine the amount for rents collected
by the joint heirs of her client;
That through the pleading of 28 November 1995, she clearly stated that
the sharing must include all the rents collected from the time the deceased
passed away right to the time of the sharing: that she added that the management
of revenue from both buildings had been entrusted to
the custodian since June 1990 notably Me DEME Notary and Me
BAH, Bailiff ;
Whereas based on the facts, Gaoussou DRAME passed away in
Bamako on 22 April 1983 leaving behind as heirs his two
widows : Madio NIARE and Fanta TOURE and his eleven children :
Madou : Kadiatou, Massaran, Moussa, Papa, Fanta Lala Souleymane.
Bintou. Ousmane and Assitan DRAME ;
Whereas based on the procedure, Kadiatou DIARRA , mother of
the minors Ousmane and Assitan DRAME from the religious marriage
celebrated with Gaoussou DRAME , requested that through default judgement No. 382
handed down on 17 December 1987, the Court declared that the estate
is estimated to be CFAF 22.420.000, representing:
- a compound located at Missira evaluated to be CFAF 5,478,768
- a compound located at Medina-Coura evaluated to be CFAF 12,719,355
the entire revenue generated by both compounds during the
period from 1983 to 1987 to be presented by the defendants: CFAF4,222,000 ;
-States that the sharing will take place according to custom, representing 1/8 for the
two
widows and 7/8 for the children, given that a boy's share
is twice the share of a girl ; Appoints Me Tidiane DEME to carry out
the sharing ; That upon opposition from Madio NIARE and Fanta
TOURE, the Succession Chamber of the Bamako Court of First
Instance, through judgement No. 90 of 6 April 1989, declared the opposition
null and void ; That through a legal document filed at the Registry on II April
1982, Madio NIARE appealed against this judgement; That through judgement
No. 171 handed down on 30 April 1992,the Court of Appeal confirmed this
judgement by readjusting the amount for rents at CFAF 4,572,000 ; that
through the appeal of 2 May 1992 from Barrister Mamadou DAFFE, Counsel
for Madio NIARE, the Supreme Court of Mali through judgement No. l 14 of 19
July 1993 overturned judgement No. 171 of 30 April 1992 and sent the case as well
as the parties
back to the Bamako Court of Appeal, with a different
composition .
Whereas as concerns the estate, the only contested aspect
is the amount for rents to be presented by Madio NIARE and
the other appellant heirs; that on these points, the enforcement of
Interlocutory Rulings No. 485 of 28 -2-1994 and No. 656 of 6-12-1995
made it possible to understand the facts of the case; that in fact it identified
all the tenants who can be divided into three categories:
permanent tenants like Adama SID1BE and Seyba
Mamadou who lived in the house before the demise of Gaoussou
DRAME and who still live there ; their respective situations are
clears, with the various price changes and the receipts
as proof :