Mamadou Y. THIERO, Attorney at the Court, although they were present at the hearing and the referral
hearing before the procedural judge, did not provide their submissions and reply to the claims of the
respondent;
Whereas the respondent Kadidia DOUMBIA through Barrister Yacouba
FOFANA, Attorney at the Court , points out that she cannot continue being a joint owner in the estate, that the
estate has been determined and evaluated, that the disputed ruling was right to share this estate;
that it concluded that the appealed ruling should be upheld;
GROUNDS OF THE DECISION
Whereas the estate of the heirs of late Ousmane DIARRA has been determin ed and evaluated, that the
parties did not raise any objections on these points;
Whereas unlike the heir, Kadidia DOUMBIA , the other heirs who are appellants asked to continue
staying in the compound located at Magnambougou where they are already staying and give the compound at
Doïla to Kadidia and her children;
Whereas the compound at Magnambougou was evaluated by an expert to be
CFAF7, 762, 280 and the one in Dioïla evaluated to be CFAF 1, 374 , 600;
Whereas the value of the compound at Magnambougou is higher , that its
award to the appellants without any condition or proof may harm Kadida DOUMBIA and her children ;
That the disputed ruling was right to order the sharing of the entire estate;
Consequently it should be upheld.
Mindful of the provisions of article 9 of the Civil, Commercial and Social Procedure Code
Code;
NOW THEREFORE
Ruling in public, in the presence of both parties, in a labour proceeding and as the court of last resort;
AS CONCERNS PROCEDURAL MATTERS: Declares the appeal admissible
AS CONCERNS THE MERITS: Confirms the appealed ruling in its entirety;
- Orders the appellants to pay for costs;
-
It is therefore ordered, adjudged and decreed publicly by the Civil Division of the Bamako
Court of Appeal on the days, month and year stated herein above
SIGNED BY THE PRESIDENT AND THE COURT REGISTRAR
DF = CFAF6,000
Signed (below)
Signature illegible
Regist ered in Bamako, on 29/09/2010
Vol 3 Fol 157 No. 13 File 515
Registration Inspector
Signature illegible
Certified True Copy
Bamako, on 16 December 2010
CHIEF COURT REGISTRAR