HEARING 1. On the plea alleging infringement of the law by erroneous description of the facts. Whereas Court of Appeal has been criticised for declaring inadmissible the action as a nondisputing party formulated by the appellant and thus to have violated Article 12 of CPCCS; Whereas Article 12 of CPCCS cited by the plea essentially states that the judge must decide the case in accordance with the law applicable to it; that he must give or restore to the facts and acts their true qualification; Whereas infringement of the law takes various forms; which are infringement of the law by false application of the law, refusal to apply the law or misinterpretation of the law; Whereas refusal to apply the law presupposes that the judge failed to apply the law in a case of fact that was well within its scope of application, false application presupposes that the judges wrongly referred to a text, and misinterpretation assumes that the judge referred to the appropriate text but it is asserted that he misinterpreted it; Whereas to declare inadmissible the appellant’s intervention as non-disputing party, the challenged judgment states: “It follows, from Judgment No.320 of 11th May 2007 of the Civil Court of Municipality VI of the District of Bamako, that neither Mrs DIARRA Assitan NIENTATO nor the mother of the latter, named Saran TOURÉ, are heirs of the deceased Sekou KANTE; Whereas Mrs NIENTAO Assitan DIARRA has therefore no legally protected interest or quality to claim the 10,768,768CFAF 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 appeal criticizes the contested decision for having declared inadmissible Assitan DIARRA’s application to intervene as a non-disputing party in proceedings on the sharing of the inherited estate between the heirs of the deceased Sekou KANTE; But whereas the judgment noted that the appellant is not an heir of the deceased based on hereditary judgment No.320 passed on 11th May 2007 by the Civil Court of Municipality VI of the district of Bamako; Whence it follows that the plea is unfounded; 2- The second plea alleging lack of legal basis

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