BAMAKO COURT OF APPEAL
-------( Civil Proceeding)
“
REPUBLIC OF MALI
ONE PEOPLE -ONE GOAL - ONE FAITH
Extract from the Court's Records
ORDINARY PUBLIC HEARING OF 28 IULY 2010
The Bamako Court of Appeal, sitting in the Court room of the said town, during its
No.
466/2010/DECISION
No 0248/2010/R.G.
No 0210/2010/RC
CASE
ordinary public hearing of twenty-eight July Two Thousand and Eighteen, held for civil
proceedings, and before
Mr Moussa Sara DIALLO : Trial Judge at a the Bamako Court of Appeal ;
PRESIDING JUDGE
Mr Kamafily DEMB ELE :) Trial Judge at the Bamako Court of Appeal
;
Mr Tiécoura SAMAKE
MEMB ERS ;
Mrs Oumar KEITA and Cheick Djibril N’DIAYE
ASSESSORS
In the presence of Mr Moussa F. BAGAYOKO : Deputy State Prosecutor at the
Bamako Court of Appeal;
H F OUSMANE
DIARRA
THE STATE;
Assisted by Maître DIAWARA Fatimata DE
COURT REGISTRAR ;
R/MARIAM
DOUMBIA
v.
PASSED THE FOLLOWING JUDGEMENT in the case between:
HF. Ousmane DIARRA R/Mariam DOUMBIA : Appellant, who has
legal counsel Barrister Mamadou Y. THIERO, Attorney at the Bamako Court ;
ON ONE HAND;
KADIDIA
DOUMBIA
Kadidia DOUMBIA : Respondent, who has as legal counsel Barrister Yacouba FOFANA. Attorney at the
Bamako Court of Appeal ;
ON THE OTHER HAND;
IN A PROCEEDING FOR SHARING OF AN INHERITANCE
- THE COURTTYPE:
SHARING OF
Mindful of the case documents;
Whereas the parties have presented their actions, claims and arguments
AN INHERITANCE
-The State has been heard;
;
.
After deliberating about this case in accordance with the law;
AS CONCERNS PROCEDURAL MATTERS:
Whereas through the legal document from the registry on 21 December 2010, the heirs of
late Ousmane DIARRA, represented by Mariam DOUMBIA, declare that they willappeal against
judgement No. 399 of 18 December 2009 from the Commune VI Civil Court in Bamako,
whose operative parts read as follows: “In the presence of both parties, declares that the estate of
Ousmane DIARRA is made up of a residential building located at
Magnambougou (p lot No. 4/10 of section 7) and a compound here at Boulaba
(Dioïla) ; orders that the compound of Ousmane DIARRA should be shared, appoints Maître
Mamadou KANDA KEITA Notary with residence in Bamako to perform the sharing;
- States that the Notary will submit his report no later than 2 months as from the receipt of
this document ...
Whereas the appeal was filed in accordance with the provisions of articles 554
and 556 Civil, Commercial and Social Procedure Code, that it is admissible;
AS CONCERNS THE MERITS:
CLAIMS AND SUBMISSIONS OF THE PARTIES
Whereas the heirs of late Ousmane DIARRA through Barrister
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