Seyba Mamadou Souleymane = CFAF900,000
+ CFAF10,500 = CFAF1,050,000
Mme DIABY Makono CAMARA from May 1993 to December 1996=
CFAF645,000
Total rents generated from both compounds from the demise of
Gaoussou DRAME to 31 December 1996 = CFAF8,574,750 :
Whereas the only thing disputed by the appellants is the
amount generated as rents from both compounds.
that the relevant portion of the disputed ruling on this point should be quashed and it
should
be declared
that the heirs of the Madio NIARE group must present, as rents collected,
the sum of CFAF4, 092, 750 F and the sequestrator must justify
the sum of CFAF4, 482,000 ;
Whereas the other points of the
decision
comply with the law, it is appropriate to quash the other provisions
of the disputed ruling ;
NOW THEREFORE
Ruling in public, in the presence of both parties, in a succession proceeding,
on appeal and as the court of last resort:
1°) As concerns procedural matters : Declares the appeal admissible
2°) As concerns the merits : Confirms the provisions of the appealed ruling
relating
to
the sharing of the estate Quashes the other provisions of the appealed ruling.
Ruling anew on these provisions: States that the amount updated with
rents generated from both compounds from May 1983 to December
1996 is eight million five hundred and seventy-four thousand seven hundred and fifty
francs
CFAF (CFAF8, 574, 750 ) distributed as follows :
rents to be presented by the appellants : four million ninety-two thousand
seven hundred and fifty francs CFA (CFAF 4, 092, 750 )
- Rents to be presented by the notary Me DEME, tasked with the sharing :
Four million four hundred and eighty-two thousand francs CFA
(CFAF4, 482, 000 ).
States that given this new figure for rents , the
estate is now estimated at: twenty-six million
seventy hundred and seventy-two thousand eight hundred and seventy-three francs
CFA
broken down as follows: Compound located at Médina Coura Rue 14 x
17 subject of occup ancy permit No. l 1- 30- 30- 08- 14- 01 issued on 24
July 1959 estimated at twelve million seven hundred and nineteen thousand seven
hundred and fifty
francs ( CFAF12, 719, 750 )
The amount for rents estimated at eight million five hundred and seventy-four
thousand seven hundred and fifty francs CFAF (CFAF8, 574, 750 )
Orders the estate to pay for costs ”:
It is therefore ordered, adjudged and decreed publicly by the Bamako
Court of Appeal on the days, month and year stated herein above.
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