French Court Rejects Appeal by Couple Over Sale of Rare Gabonese Mask

A French court has dismissed an appeal by an elderly couple who sold a rare Gabonese mask for €150, only to discover later that it was auctioned for over €4 million. The couple sought to annul the sale, claiming the art dealer failed in providing pre-contractual information. The court upheld the terms of the sale, criticizing the owners for their "carelessness and casualness." The mask, a significant artifact with spiritual value, is now at the center of legal battles involving the couple, the dealer, and the Gabonese government.

Background:

• The elderly couple, aged 88 and 81, inherited the Gabonese mask from the grandfather, who served as a colonial governor in Central Africa during the early 20th century under French colonial rule.
• In September 2021, they sold the mask to an art dealer for €150, unaware of its market value.
• A few months later, the mask was auctioned for €4.2 million, leading to legal disputes and accusations of mishandling stolen goods.

Legal Dispute and Court Decision:

• The couple claimed the art dealer failed in pre-contractual obligations and sought to annul the sale, requesting the auction's proceeds.
• The court in Alès, southern France, rejected the appeal, citing the couple's negligence in assessing the mask's historical and artistic value.
• The court noted the art dealer's lack of specific knowledge about African art and valued the mask through auction houses before purchase.
• The owners were criticized for their haste in selling the property without attention to its contents.

Gabonese Government's Lawsuit:

• The Gabonese government filed a lawsuit, accusing the couple's ancestor of stealing the mask and questioning its ownership.
• The court rejected the Gabonese government's request to suspend proceedings related to the sale of the mask, maintaining legal action.

Cultural and Spiritual Significance:

• The Gabonese mask, dating from the 19th century, belonged to the Ngil society, a secret group administering justice in Fang communities of Gabon.
• The mask holds great spiritual importance, ensuring peace in society, contrasting with Western perspectives that view it primarily as an art object.
• Similar Ngil masks are considered rare and highly celebrated African artworks, sought after for prestigious art collections.

Conclusion:

The court's decision maintains the validity of the Gabonese mask's sale, emphasizing the responsibility of the elderly couple in assessing its value. The legal battles involving the couple, the art dealer, and the Gabonese government underscore the complexities surrounding the ownership and cultural significance of artifacts with historical ties to colonial periods.