1°/Plea alleging lack of legal basis
In that Mrs Simiti aka Fatoumata, Ami FANE had contracted marriage with Mr Nouhoum
DOUMBIA based on fake documents: the marriage having been celebrated in Sogoninko but the
marriage certificate being issued by the secondary civil status office of Magnambougou; that this
contradiction casts doubt, but in criminal law, doubt always goes to the benefit of the accused;
that the contested judgment upholding the first Judgment No.182 of 28th June 1999 lacked legal
basis; that Article 188 used as a basis is irrelevant in this case
2°/ Plea alleging violation of the law due to total absence of intent in the offences raised:
In that it is undeniable that as regards the offence of abandonment, as well as adultery and
abduction of a woman by means of seduction, no essential element of these offences is raised;
that it is more or less only a violation of the law; and that the contested judgment therefore
deserves censorship.
II- ANALYSIS OF THE PLEAS:
1°/Plea alleging lack of legal basis:
In that the marriage certificate invoked by the plaintiff is fake.
The marriage certificate in question is an authentic certificate against which none of the parties
submitted a plea of forgery. It is therefore authentic with respect to all, and in accordance with
theprovisions of Article 271 Paragraph 2 of Law No.87-31/AN-RM of 29th August 1987 laying
down the General Regime of Obligations which reads as follows “..... It (an authentic act) is
authentic with respect to all, until personally challenged to be a forgery or so established by a
public officer, in accordance with his duties”
It therefore appears that this plea cannot be upheld in this situation.
2°/ Plea alleging violation of the law due to total absence of intent in the offences raised:
In the title of this plea, the appellants invoke the total absence of the moral element for the
offences of abduction of a woman, adultery and abandonment of the marital home. In their
development, the plaintiffs rather emphasize on the total absence of the essential elements of the
said offences without supporting their assertions with evidence.
The developed pleas not being proven, they must therefore be dismissed.
FOR THESE REASONS:
ON THE FORM
Receives the appellants’ appeal;
ON THE SUBSTANCE
Dismisses it as groundless;