Introduction To LAW NOTES - Odt

HIGHER INSTITUTE OF MANAGEMENT AND ENTREPRENEURSHIP (IME), Introduction to Law
and Fundamental Rights BY RODRICK NDI
HIGHER INSTITUTE OF MANAGEMENT AND ENTREPRENEURSHIP
(IME)
Higher National Diploma (HND)
COURSE TITLE
INTRODUCTION TO LAW AND FUNDAMENTAL RIGHTS
(CIVIL LAW)
Course Master
RODRICK NDI
Ph.D SCHOLAR IN BUSINESS LAW
UNIVERSITY OF DSCHANG
ACADEMIC YEAR: 2022/2023
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Introduction to Law and Fundamental Rights
GENERAL OBJECTIVES OF THE COURSE
The course has been designed to:
• Equip the HND students with the basic legal principles and concepts essential for an
understanding of the legal environment in which they function.
• Give an awareness of basic Human Rights and how they can be enforced or protected
within the professional context.
• Acquaint the student with the basic texts pertinent to environmental protection and
sustainable development.
SPECIFIC OBJECTIVES
At the successful completion of this course, students should be able to;
 Understand the general notion of law
 Identify and explain the fundamental principles of law
 Discuss meaningfully the fundamental rights and explain how they can be protected
within the legal system of Cameroon
 Able to trace the origin of the Cameroon legal system
 Explain the material and territorial competences of the Cameroon Courts
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 State and explain the fundamental Principles underlying the administration of Justice in
Cameroon
 Trace and discuss the Sources of Cameroonian Law
 Make a distinction between Civil and Criminal responsibilities
 Able to explain the process of attribution of corporate legal personality
 Identify and explain the different categories of law
 Some key aspects of Cameroon Penal Law
 Explain the composition and competence of Courts in Cameroon
 List and explain the various International Human Rights Instruments, and their role in
protecting the fundamental human rights of individuals.
 Explain the System of Protection of Human Rights in Cameroon
 Understand the Cameroon strategies to fight against corruption.
SELECTED BIBLIOGRAPHY
1. Carlson Anyangwe, (1987), “The Cameroon Judicial System”. CEPER, Yde.
2. Chamboli Oke, C. (2017), “Justice and its administration under the Criminal
Procedure Code of Cameroon: an appraisal”. University of Dschang, PhD thesis
(Defended).
3. Craig Osborne, (1997), “Criminal Litigation”, Blackstone Press Ltd 5th Ed.
4. Decree No. 2013/131 of 03 May 2013 on the establishment, organization, functioning
of the specialized corps of Judicial Police Officers of the Special Criminal Court.
5. Law No 2005/007 of 27 July 2005 on the New Cameroon Criminal Procedure Code
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6. Law No 2008/001 of 14 April 2008 to amend and supplement some provisions of Law
No 96/6 of 18 January 1996 to amend the Constitution of 2 June 1972.
7. Law No. 2006/015 of 29 December 2006 on Judicial Organization in Cameroon as
amended
8. Law No. 2011.028 of 14 December 2011 setting up a Special Criminal Court
9. Law No. 2012/011 of 16 July 2012 is amending and supplementing Law No. 2011.028
of 14 December 2011 setting up a Special Criminal Court
10. Rodrick Ndi (2019), Reflection on Police Power of Arrest, Detention and the
Treatment of Suspects under the Cameroonian Criminal Procedure Code and Extra-
National Laws: Human Rights Digest. National Journal of Criminal Law. 2(1): pp. 4-
12.
11. Rodrick Ndi (2021), “THE RISE OF VIOLENCE AGAINST LAW
ENFORCEMENT: WHAT LEGAL IMPLICATIONS UNDER THE
CAMEROONIAN LAWS?” Online Webinar organized by LEGA GURUS’
ASSOCIATION on the 15th September, 2020.
12. Rodrick Ndi, “Les Officiers de Police Judiciaire, Quel Profil?” “What Profile for the
Judicial Police Officers?” National Colloquium on the theme “La justice penale au
Cameroun”
13. Rodrick Ndi, & Ajang Pamela Ngoh, (2022), “DECENTRALIZATION AND
CITIZENS PARTICIPATION UNDER THE 2019 LAW ON GENERAL CODE OF
REGIONAL AND LOCAL AUTHORITIES OF CAMEROON.” INTERNATIONAL
SYMPOSIUM ON THE THEME: DÉCENTRALISATION, DÉCONCENTRATION
ET DÉVELOPPEMENT LOCAL EN AFRIQUE: ENJEUX ET PERSPECTIVES »
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ORGANISED BY THE DSCHANG SCHOOL OF ECONOMICS AND
MANAGEMENT SCIENCES, UNIVERSITÉ DE DSCHANG, CAMEROUN FROM
THE 26, 27 ET 28 OCTOBRE 2022.
14. The 2019 revised Cameroon Penal Code
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TABLE OF CONTENTS
Introduction to Law and Fundamental Rights...........................................................................1
GENERAL OBJECTIVES OF THE COURSE........................................................................1
SPECIFIC OBJECTIVES.........................................................................................................2
SELECTED BIBIOGRAPHY................................................................................................2
TABLE OF CONTENTS.......................................................................................................3
COURSE DESCRIPTION.....................................................................................................6
SECTION ONE.........................................................................................................................7
INTRODUCTION TO LAW AND FUNDAMENTAL RIGHTS............................................7
1. General notion of law......................................................................................................7
1.1. The definition of law....................................................................................................7
1.2. Distinction between “a law” and “the law”...........................................................8
1.3. Characteristics of law................................................................................................9
1.4. Is it necessary to study law? The Importance of Law................................................10
1.5. Why do we need law?.................................................................................................11
2. History of the Cameroon legal system...........................................................................11
a. The pre-colonial period..................................................................................................12
b. The colonial period........................................................................................................12
c. The post-independence period until 1996......................................................................13
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d. The post-1996 period.....................................................................................................14
3. Differences between Common Law and Civil Law.......................................................15
3.1. The meaning of Common Law and Civil law............................................................15
3.2. Common law and Civil law distinguished (differences)............................................16
4. Fundamental Principles underlying the Administration of Justice in Cameroon..........18
4.1. The presumption of innocence....................................................................................19
4.2. The principle of legality “nullum crimen, nulla poena sine lege”..............................19
4.3. The principle of equality.............................................................................................19
4.4. The principle of speedy trial.......................................................................................20
4.5. The principles of trial..................................................................................................20
4.6. The dignity of the individual......................................................................................21
4.7. The right to know the nature of the accusation/charge(s)...........................................21
5. Sources of Law..............................................................................................................21
5.1. Sources of Cameroonian law......................................................................................22
5.1.1. The Constitution......................................................................................................22
5.1.3. Legislation...............................................................................................................23
5.1.5. Case Law/Judge made law/Common Law..............................................................24
5.1.6. Customary Law.......................................................................................................24
6. Classification of Law.....................................................................................................25
6.1. Public law and Private law.........................................................................................25
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6.2. Civil law and Criminal law.........................................................................................25
6.3. Substantive and procedural law..................................................................................26
6.4. Municipal/domestic/national law and (public) international law...............................26
6.5. Written and unwritten law..........................................................................................26
7. Laws and Texts of application.......................................................................................26
8. Concept of corporate or legal personality......................................................................28
8.1. Understanding the concept of corporate personality..................................................28
8.2. Attributes or characteristics of Corporate Personality..................................................30
8.3. The theories of corporate personality............................................................................33
9. Some key aspects of Cameroon Penal Law (criminal law)...........................................39
10. Civil Responsibility and Criminal Responsibility......................................................40
10.1. Civil Responsibility or liability...............................................................................41
A. Liability in Tort..............................................................................................................42
B. Liability in Contract.......................................................................................................48
10.2. Criminal Responsibility or Liability........................................................................48
11. Judicial Organization in Cameroon (Courts & competence)......................................51
11.1. The courts and their jurisdictions............................................................................51
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COURSE DESCRIPTION
Introduction to Law and Fundamental Rights is a First or second Semester Course for
the first and second year HND students. It is speciﬁcally designated so as not to require any
prior exposure to law, and does not suppose that students will necessarily pursue any further
law options. Nevertheless, it is designed in the belief that an acquaintance with core law
concepts and processes is an essential element in the HND curriculum.
The course seeks to place law in its social, economic, political, historical and
philosophical context and thus not only to provide students with a knowledge of legal rules
but also to help them to develop a critical understanding of the operation of those rules in
society. The critical and analytical skills required by a lawyer are valuable in many other
contexts. The programme is therefore suitable not only for students who intend to seek entry
into the legal professions but also for students intending to seek careers in many other areas,
such as banking, management, economics and ﬁnance.
Introduction to law aims to provide insight into the nature and function of law,
familiarize the students with legal concepts and terminology, principal sources of law and of
the means by which laws are made, develop an understanding of the nature and purpose of
rights and duties in law. The course provides an overview of the major legal systems of the
world, introduces the students to the study of constitutions and constitutional system of
Government. It also focuses on the key legal concepts, principles and doctrines which
underpin the core areas of law, including public law, the law of obligations and company
law.
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CHAPTER ONE:
GENERAL NOTION OF LAW
1.1 Definition of key terms

1.1.1 What is Civil Law
The system of law concerned with private relations between members of a community rather
than criminal, military, or religious affairs. Contrasted with criminal law. Or the body of
laws that govern ordinary private matters. Or the body of law that governs private or civil
rights, providing redress for wrongs by compensating the person or entity that has been
wronged rather than punishing the wrongdoer.
Civil law is both a legal system and a branch of law. In the United States, the term civil law
refers to court cases that arise over a dispute between two non-governmental parties.
Outside of the U.S., civil law is a legal system built upon Corpus Juris Civilis, the Justinian
Code which originated in Rome in the sixth century.
1.1.2 The definition of law

One of the many ways in which human societies can be distinguished from animal
groups is by reference to social rules. We eat and sleep at certain intervals; we work on
certain days for certain periods; our behaviour towards others is controlled, directly and
indirectly, through moral standards, religious doctrines, social traditions and legal rules.
Several attempts have been made by jurists to provide a universally acceptable
definition of law, but with little sign of attaining that objective. As Thurman Arnold puts it
in his book entitled “The Symbols of Government” (1935) pp. 36-37, obviously, “law” can
never be defined. With equal obviousness however, it should be said that the adherents of the
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legal institution must never give up the struggle to define law, because it is an essential part
of ideal that it is rational and capable of definition.
There are however, some variation in the definition of law. Salmond, for example,
defined law as “the body of principles recognised and applied by the state for the
administration of justice”. Vinogradoff defined law as “a set of rules imposed and enforced
by a society with regards to the attribution and exercise of power over persons and things’.
According to him, it is important for the society to recognise the nature of the binding rules
upon them; therefore, members of society must recognise and respect the rules. Roscoe
Pound defined law as a means of “social control through the systematic application of the
force of politically organised society. While Austin defined law as a “Rule laid down for the
guidance of individuals by the individuals with power over them”. Elias T.O. a Nigerian
jurist, defined law as “a body of rules recognised as obligatory, therefore law must have a
binding legal force.”
Black’s Law Dictionary 8th, Edition defines law as “The Aggregate of Legislation,
judicial precedents, and accepted legal principles; the body of authoritative grounds of
Judicial and Administrative action”.
Law from the Lawyers’ point of view is an instrument of social order and cohesion. It
is the means of obtaining social harmony by curbing the evil passions of man. Law refers to
the rule made by a recognised authority (e.g. Parliament or Head of State) for the proper
regulation of society.
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The Oxford English Dictionary refers to law as “the body of rules whether formally
enacted or customarily which a state or community recognises as binding on its members or
subjects”.
Leaving aside the many intrusions of philosophy into the definition of law, one of the
main reasons for the inability to find an adequate definition of law is the duality of meaning
of the concept of law. We have to be careful to distinguish between “a law” and “the law”.
1.2 Distinction between “a law” and “the law”

“A law” is a rule of conduct which differs from other rules of conduct, such as those of
ethics, good manners, or of sport in that it is supported by sanctions administered by the
state. The rule that spitting in class is forbidden is a good rule of hygiene. It becomes a legal
rule, and thus in a sense, “a law”, if the state is prepared to enforced obedience to this rule by
administering punishment to those who break it.
A legal rule may be defined as a rule of human conduct which is recognised by members
of any given society as being obligatory and which therefore society can force us to obey by
external compulsion. The Cameroonian Penal Code for instance contains a list of prohibited
rules or prohibited conducts. So, when Section 337 of the Penal Code prohibits abortion by
stating that “any woman procuring or consenting to her abortion shall be punished with
imprisonment for from 15 days to 1 year or with fine of from five thousand to two hundred
thousand francs or with both such imprisonment and fine”, the section is in fact saying that
no woman should deliberately consent to her own abortion and that if abortion is committed
the woman will be visited with the above sanction.
There is no single answer to the question why certain rules of conduct have become
laws and while others have not. By and large, it is the society itself which decides this by
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means of its pressure on the law-makers to raise rules of conduct to a higher level where
society has a direct interest in seeing that these rules are complied with it.
“The law” of a country is primarily the sum total of all the separate laws in existence
there. The law of a country works on certain general principles which give sense to some
of the legal rules making up the law. In fact, the law is as much a living thing as a
people’s language, their clothes, or habits. It grows as the country’s economy changes
and adapt itself to ever-changing tasks. In the same way in which philologist has study
the language of the past in order to understand that of the present so also the student of
law cannot properly appreciate the law of his country as it exists today without paying
attention to its history. Thus law is one of the institutions which are central to the social
nature of man and without which he would be a very different creature.
‘A law’ refers to a single statute passed by parliament like the Matrimonial Causes Act
1973 governing spousal relationships, just like the Civil Status Registration Ordinance
1981, revised in 2011 relating to civil status (marriage, birth, death, etc) while the law
deals with the sum total of all the separate laws in existence. ‘A law’ is a rule of conduct
which differs from other rules of conduct, such as those of ethics, good manners, or of
sport in that it is supported by sanctions administered by the state. The rule that spitting in
class is forbidden is a good rule of hygiene. ‘The law’ of a country works on certain
general principles which give sense to some of the legal rules making up the law. In fact,
the law is as much a living thing as a people’s language, their clothes, or habits.
-Example of ‘a law’ is the 2016 Penal Code of Cameroon whereas ‘the law’ could be the
Penal Code of Cameroon, the Criminal Procedure Code of Cameroon, Law of Contract, etc.
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1.3 Characteristics of law

It has been aforesaid that a legal rule is a rule of human conduct imposed by the state
upon it members under pain of sanction. In effect a legal rule is law. If we will analyse the
above definitions very carefully we can reach at a conclusion that law is a body of rules
recognised and maintained by the state to regulate the human behavior and conduct in a
society. A law will present the following characteristics.
1) It is a set of rules.
2) It regulates the human conduct
3) It is created and maintained by the state.
4) It has certain amount of stability, fixity and uniformity.
5) It is backed by coercive authority.
6) Its violation leads to punishment.
7) It is the expression of the will of the people and is generally written down to give it
definiteness.
8) It is related to the concept of ‘sovereignty’ which is the most important element of
state.
Also, An essential quality of a legal rule or law it is generality, abstractness and
impersonal nature. Law is general in the sense that it is addressed not to specific
individuals but to the community and enjoins no single actions but types and species of
actions. It therefore follows that legal rules exist in a time – continuum.
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In the view of the fact that the law is abstract, it also becomes impersonal. This quality of
the law is a guarantee against arbitrariness. It removes the otherwise possible fear that the
law has been made against or in favour of a particular individual. The law applies to
everyone whether: rich or poor; big or small; powerful or weak, male or female (see for
instance Section 1 of the Cameroon Penal Code which states that all persons shall be
subject to the criminal law) this is one reason why people willingly submit to law.
Another characteristics of law is its appeal to force. Force, it has been said, is of the essence
of any law. Any law passed is meant to be enforced (applied) and must be enforced
(compulsory). All laws implicitly appear to the use of force. For example, all laws passed in
Cameroon end with the following provision: “The present law shall be registered and
published in the official gazette in French and in English and enforced as a law of the
Republic of Cameroon”.
There are various ways in which obedience to the law can be assured: by the threat of a
prescribed penalty against anyone who violates it; by seizing and selling the property of the
judgment debtor and handing the money, temporal or permanent ban, etc.
1.4 Is it necessary to study law? The Importance of Law
-A knowledge of law increases one’s understanding of public affairs.
-Its study promotes accuracy of expression, ability in argument and skills in interpreting
the written word, as well as some understanding of social values.
-The impact of the law on any citizen in a modern community affects every aspect of life.
Thus, the law will regulate and control almost every facet or aspect of man’s business
and private life; the terms and conditions of his employment; the purchase he may
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make of goods or other property; his family relations; his duties towards his
neighbours and to the state; and his rights against the state in connection with social
payments and benefits. In fact, the law will probably have something to say which is of
direct concern in conducting the affairs of everyday life of citizens.
Another reason why it can be said to be desirable for the ordinary citizen to have some
knowledge of the character and function of law in our community is that man lives and
has being in society, and throughout the ages, and never more than at the present time,
society has depended upon a structure of legal rules to enable it to function effectively
or law helps the society to function effectively. That is, law deals with men and women. It
governs their behaviour, their relations, their acquisition and use of things. Indeed, the
proposition may be ventured that law is essential to the existence of human association and
that the citizen cannot adequately grasp or understand either the character of the society in
which he lives, or his place and functions in that society, without some knowledge of the
meaning of law and the contribution it makes to the structure of his community. Men cannot
co-exist in society without rules of obligatory behaviour, however elementary knowledge of
the law is required or inchoate they may be. We are driven to conclude that law is not merely
an attribute of society but, in chemical terms, an element of it, in the sense that without law
there can be no society. “LAW IS TO THE SOCIETY AS FRESH AIR OR BLOOD IS
TO THE HUMAN BODY.” Law is the cement of the society and also an essential medium
of change.
It can therefore be concluded that is it necessary to study law because whatsoever field
you may find yourself whether in Accounting, Management, Banking and Finance, Human
Resources Management, Software Engineering, etc., it is desirable to study law.

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1.5Why do we need law?
The following reasons justify why we need law in the society:
1.5.1 Maintenance of public order and safety
Law is seen as the ‘glue’ that holds the fabric of society together. The law protects us
from complete social disorder and anarchy (i.e. lawlessness). Imagines our towns, cities,
quarters without law enforcement officials, there will be complete disorder in the circulation
of vehicles, people will not move freely because of harassment by thieves, etc.
1.5.2. Protection of individual rights and liberties
This is to ensure that everybody is equal before the law and that nobody is above the law.
Therefore, powerful persons are all controlled by the laws in place and this would mean
that all individual rights are protected equally.
1.5.3. The organisation and control of the political sphere
The law sets out the boundaries of politics by preserving the political structure and
process under which governance is possible. The best example of the relationship between
law and state is a written constitution.
1.5.4. The regulation of economic activity
Facilitates and encourages national and international trade in goods, services and
capital by setting out legal frameworks by which parties can be bound.
1.5.5. The regulation of human relationships
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It serves to legitimize and control various aspects of interpersonal relationships such
as entering into marriages, distribution of family wealth, regulation of the parent-child
relationship, birth and death, etc.
1.5.6. The regulation of international relations
The regulation of international relations is also done by a branch of law called Public
International Law (PIL). PIL provides means for the creation of states, definition of state
boundaries, diplomacy, international humanitarian law, etc.
1.6 History of the Cameroon legal system
The legal system, mostly in Africa, is a relic or historical object of the colonial era.
However, it is unique in that it consists of two distinct and often conflicting legal systems, the
English Common Law and the French Civil Law operating in some sort of tenuous
coexistence. This makes Cameroon one of the few examples of such a dual legal system in
the world.
Four major periods can best explain the nature and evolution of the legal system namely,
the pre-colonial, the colonial, the post-independence period until 1996 and the post-1996
period.
1.6.1 The pre-colonial period
In the pre-colonial Cameroonian society, there existed diverse unwritten indigenous
laws and usages, which applied in varying degrees to the different ethnic groups. The
only exception was in the North where the Foulbe tribes, who originally invaded the
territory from North Africa in the early 19 th Century (Nineteenth Century), had introduced
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Islamic Laws. Despite the differences in the structures, content and institutions, which
applied these indigenous and Islamic Laws or traditional laws as they are referred to today,
there were many similarities. A German attempt to ascertain and codify the different
traditional laws was frustrated by the outbreak of the First World War, but the results from
the six tribes that were studied showed that there were substantial similarities in basic
concepts and practices. The traditional system of justice was administered by a series of ad
hoc bodies ranging from the family head, quarter head, chief and the chief’s council.
Perhaps the most remarkable and controversial aspect of this system of justice was the
extensive use of trial by ordeal. The commonest examples of this involved drinking
poisonous concoctions, putting the hands in boiling palm oil or water, or holding a red-hot
iron bar. If the accused came to no harm or was found not guilty, then his innocence was
considered as proven.
1.6.2 The colonial period
During the German colonial period, a rudimentary system of administration was
established. Two parallel systems of Courts, one exclusively for Europeans where German
laws was applied, and the other exclusively for Cameroonians, where traditional law under
the control and supervision of the Germans was applied.
The League of Nations’ Agreement with the French and British conferred on these two
powers, in Article 9, “full powers of administration and legislation.” The two powers were
authorized to administer Cameroon in accordance with their laws and as an integral part of
their territory, subject to such modifications as may be required by the local conditions. This
was the basis for the almost wholesale exportation of the English Common Law and the
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French Civil Law to Cameroon. There were significant differences in the policies they
pursued in introducing their respective systems of justice. The British, like the Germans and
French, also operated two parallel systems of courts, but unlike them, this was not separated
on racial lines. One structure was for the traditional sector of the population, mainly
Cameroonians, and the other was for the modern sector, mainly Europeans or those
Cameroonians who opted for it. The applicable law was based on Section 11 of the
Southern Cameroons High Court Law (SCHCL), 1955, which provided for the
application of English Common Law, the Doctrines of Equity and Statutes of General
Application, which were in force in England before the 1 st day of January, 1900. On the
basis of this, a number of English statutes as well as Nigerian laws and Ordinances were
applicable in Southern Cameroons. Through the system of “indirect rule,” traditional
institutions and laws were retained provided they were not repugnant to natural justice,
equity and good conscience nor incompatible with any existing laws.
In French Cameroun, the French in line with their policy of assimilation made a strict
distinction between citizens, who were defined as either French nationals or Cameroonians
who had evolved and were honoured with that status (and there was hardly any), and the
ordinary Cameroonians who were derogatorily referred to as “sujet” (indigenous people).
Based on this, two systems of justice were administered: one for the Cameroonian
population in accordance with traditional laws, and another, for French nationals in
accordance with French law. French administrators presided over the traditional courts and
used the local chiefs and notables merely as assistants or assessors.
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1.6.3 The post-independence period until 1996
The Federal system that came into existence in 1961 was based on a two-state
federation consisting of West Cameroon, made up of the former Southern Cameroons, and
East Cameroon, made up of the former French Cameroun. Until the country became the
"United Republic of Cameroon" in 1972 when a Unitary System of Government was
introduced, the two Federated States had each retained their inherited colonial system of
justice although this was under the control of a Federal Ministry of Justice. However, the
early history of the independent and reunified Cameroon was marked by strides/advances
towards complete political and legal unification.
By 1964, two Federal Law Reform Commissions had been created to draw up a Penal
Code, a Criminal Procedure Code and several other Codes. Its only achievement was the
1967 Penal Code, which remains the only reasonably successful legislation that reflects the
country's dual legal culture, although it was substantially based on the French Penal Code.
Based on the Unitary Constitution of 1972, Ordinance No. 72/4 of August 26, 1972, which
has since been amended several times, created a civilian-style unitary system of Courts to
replace the different court structures that had operated in the two states. Nevertheless, Article
38 of the Constitution of 1972 provided for the continuous application of the different laws
that were in force in the two legal districts provided these were not inconsistent with any
new laws. As a result of this, despite the unified court structure, the two pre-independence
legal systems continued to operate. The 1972 Constitution has been amended on several
occasions, though the most significant and substantial was in 1996 in response to pro-
democracy nation-wide strikes and demonstrations that had started in the early 1990s.
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Since the reunification of the two portions of Cameroon, successive Constitutions have
indirectly sanctioned the co-existence of the English and French legal systems in the country.
With respect to this, the 1996 amendment states in Article 68:
“The legislation applicable in the Federal State of Cameroon and in the
Federated States on the date of entry into force of this Constitution shall remain
in force insofar as it is not repugnant to this Constitution, and as long as it is not
amended by subsequent laws and regulations.”
The Cameroonian legal system can therefore be described as bi-jural in which French laws
apply in the eight French-speaking regions and English laws substantially apply in the two
English-speaking regions, although most of the uniform laws that are now being introduced
are essentially based on French legal concepts.
1.6.4 The post-1996 period
The fourth period in the development of Cameroon’s legal system can be said to have
started on 1st September 1996 when the OHADA Treaty (OHADA is the acronym for the
Organisation pour l’Harmonisation en Afrique du Droit des Affaires, or in English, the
Organisation for the Harmonization of Business Laws in Africa) signed in 1993 by
fourteen African countries, including Cameroon, came into force. Whilst from a
constitutional perspective, the Cameroonian legal system remains bi-jural in the sense
that the two distinct legal districts continue to co-exist, the coming into effect of the
OHADA system seems to mark the beginning of a terminal decline of the Common Law
legal culture in Cameroon. It has brought about at least three significant changes to the
nature of the legal system. First, until the OHADA treaty came into force, the principles of
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English commercial law applied to all business and commercial matters in the Anglophone
legal district whilst the French Commercial Code applied in the Francophone legal district.
Since 1996, all business and commercial law matters are governed by the new regime set up
under this treaty. According to Article 10 of the OHADA Treaty, the Uniform Acts
automatically and directly repeal all existing legislation and supersede any future legislation
on the same subject. Under this new regime, there are ten Uniform Acts that deal with
commercial matters in Cameroon viz., general commercial law, commercial companies and
economic interest groups, securities, simplified recovery procedures and enforcement
measures, collective insolvency proceedings, arbitration, accounting law and carriage of
goods by road. Secondly, since these Uniform Acts are substantially based on French Civil
Law, it means in practical terms that the English commercial law principles, which
previously applied in the Anglophone legal district, have now been replaced by French
inspired commercial law principles. Finally, in spite of the article 31(2) of the Constitution
stating that French and English are the official languages and the practice that laws take
effect only when published in both languages, the OHADA Treaty and Uniform Acts were
until recently only published in French and in fact, Article 42 of the treaty stated that the
working language was French. The introduction of the OHADA system, which ignores the
bilingual and bi-jural nature of the country, has been viewed with considerable suspicion by
the minority Anglophone speaking population who see this as part of a broader
assimilationist and “Francophonization” agenda designed to eliminate all aspects of their
inherited English culture. Some have not only questioned its constitutionality but even at
some stage, some judges have controversially refused to recognize or apply some of the
Uniform Acts until they were threatened with dismissal by the Minister of Justice. Be that as
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it may, it is clear that the future of the English common law in Cameroon’s mixed system as
a result of these developments is uncertain.
CHAPTER TWO:
THE NOTION OF COMMON LAW AND CIVIL LAW
2.1 Introduction
The legal systems of different countries around the world typically follow either the
Common Law or the Civil Law, or in some cases, a combination of the two. Cameroon is a
bi-jural system with the Common Law operating in the two Anglophone regions of North
West and South West and the Civil Law operating in the eight Francophone regions of
Adamaoua, Centre, East, Far North, Littoral, North, West, and South. These systems of law
expanded to Cameroon through colonisation by conquest. Countries following the Common
Law system are typically those that were former British colonies or protectorates, including
the United States. While countries following the Civil Law system are typically those that
were former French, Dutch, German, Spanish or Portuguese colonies or protectorates,
including much of Central and South America. Most of Central and Eastern European and
East Asia countries also follow the Civil Law structure.
2.1.1 The meaning of Common Law and Civil law

2.1.1.1 The meaning of Common Law
The term “Common Law” has two meanings. In its broadest sense, it means the
unwritten law of England that is; the whole of English law except that which has been
enacted by parliament. In its narrower and technically more correct sense, it is the law
which before the passing of the Judicature Acts, 1873-1875, was administered by the
Common Law Courts.
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In order words, Common law is a body of unwritten laws based on legal precedents
established by the courts. It is called “common” because it was, and is, the law which is
common to the whole of England and Wales as distinct from local customs which apply to
parts of the country only.
Common law is the primary historical source of English law, with Equity and
legislation as two other principal sources, each evolving later as a gloss or to polish on
the Common Law.
As a result of colonisation and expansion, Common Law was transplanted into different
parts of the world. The process of transplanting it in other settings has caused difference of
application between the country of origin (Britain) and that of reception (for example,
Nigeria, Anglophone Cameroon).
Common law influences the decision-making process in unusual cases where the outcome
cannot be determined based on existing statutes or written rules of law. The U.S. common-
law system evolved from a British tradition that spread to North America during the 17th-
and 18th-century colonial period. Common law is also practiced in Australia, Canada, Hong
Kong, India, New Zealand, and the United Kingdom.1
A. Understanding Common Law
A precedent, known as stare decisis, is a history of judicial decisions which form the
basis of evaluation for future cases. Common law, also known as case law, relies on detailed
1 JAMES CHEN (May 20, 2022), “Common Law: What It Is, How It's Used, and How It Differs From Civil Law.” Investopedia.
Available at https://www.investopedia.com/terms/c/common-law.asp, accessed on the 27th September, 2022.
25
records of similar situations and statutes because there is no official legal code that can apply
to a case at hand.
The judge presiding over a case determines which precedents apply to that particular
case. The example set by higher courts is binding on cases tried in lower courts. This system
promotes stability and consistency in the U.S. legal justice system. However, lower courts
can choose to modify or deviate from precedents if they are outdated or if the current case is
substantially different from the precedent case. Lower courts can also choose to overturn the
precedent, but this rarely occurs.
On the other hand, the term Civil Law derives from the Latin word “ius civile”, the law
applicable to all Roman cives or citizens.
B. Example of Common Law
From time to time, common law has furnished the basis for new legislation to be written.
For example, the U.K. has long had a common-law offense of "outraging public decency." In
the last decade, the authorities have used this ancient common law to prosecute a new
intrusive activity called upskirting: the practice of sticking a camera in between a person's
legs, without their consent or knowledge, to take a photo or video of their private parts for
sexual gratification or to humiliate or distress.
In February 2019, the U.K. Parliament passed the Voyeurism (Offences) Act that
officially makes upskirting a crime, punishable by up to two years in prison and the
possibility of placing a convicted individual on the sex offenders register.2
2 JAMES CHEN (May 20, 2022), “Common Law: What It Is, How It's Used, and How It Differs From Civil Law.” Investopedia.
Available at https://www.investopedia.com/terms/c/common-law.asp, accessed on the 27th September, 2022.
26
2.2 Common law and Civil law distinguished (differences)
The common law system possesses three essential features which mark it out from the Civil
Law system. These features or distinctive elements are;
a. Firstly, it is basically a judge-made law. This implies that judges made /formed
common law as they resolve individual disputes in court. In fact, the heart of the matter is
that, common law is the law of the case, created by the court whereas, the civil law or
“Ius Commune” is a law of the book elaborated in universities. In short for the
common law, the beginning is the case, whereas for the Ius commune, the beginning is
the book.
b. Secondly, the legal rules in the Common Law system is one which seeks to provide
the solution to the case in hand. It does not seek to formulate a general rule of conduct
for the future. It is not as abstract as the characteristic legal rule in civil law system.
Indeed, the common law unlike the civil law is not a set of rules for the conduct of life in
society-rules which might or might not be applied in any particular court or jurisdiction.
c. Thirdly, Rules relating to the administration of justice, procedure, evidence, and
execution of judicial decisions have, for Common Law jurists, an interest equal, or
even superior, to substantive rules of law. This is so because historically, the
immediate preoccupation of those rules has been to re-establish peace rather than
articulate a moral basis for the social order.
d. Common law is based on the adversarial system (this is a system of law in which
advocates represent the prosecution and the defence and an impartial person (judge)
or people (jury) determine the truth of the matter) while the Civil Law is based on
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inquisitorial (which describe a trial system in which the prosecutor also acts as
judge).
2.3 Civil law

The Civil Law system is a codified system of law. To codify means to collect and arrange
in a systematic form. Codification on the other hand is the act of arranging something into a
code; the act of setting down a body of knowledge in a systematic way. It takes is origin
from Roman law.
Civil law is a comprehensive, codified set of legal statutes created by legislators. A
civil system clearly defines the cases that can be brought to court, the procedures for
handling claims, and the punishment for an offense. Judicial authorities use the
conditions in the applicable civil code to evaluate the facts of each case and make legislative
decisions. While civil law is regularly updated, the goal of standardized codes is to create
order and reduce biased systems in which laws are applied differently from case to case.
2.3.1 Features or characteristics of civil law system

The characteristics common to the Civil Law System include the following;
a. Historically, the Civil Law system of laws can be traced to the law of Rome and that is
why legal science here has developed on the basis of Roman law
b. The rule of, elaborated by legal scholars and not by judge, is conceived as a rule of
conduct intimately linked to ideas of morality and justice.
c. The law has evolved as an essential private law, which is as a means of regulating the
private relationships between individual citizens. Other branches of law were developed
later according to the principles of the “civil law” which today still remains the main
branch of law.
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d. The legal rules here are much more abstract than in common law system of laws.
Common Law Questions
What is a simple definition of common law?
Common law is a body of unwritten laws based on legal precedents established by the
courts.
Is common law still used today?
Today the US operates under a dual system of both common and civil law. The courts, for
example, operate under common law.
What is an example of common law?
The concept of common-law marriage, which acknowledges similar rights as those that have
a marriage license to couples that are not officially married if several conditions are met, is
one example of common law in action today.
Why is common law important?
Common law places an emphasis on precedent while allowing some freedom for
interpretation. The value of a common-law system is that the law can be adapted to situations
that were not contemplated at that time by the legislature.
What is UK common law?
US common law originates from medieval England, however, today both the US and UK
operate under a dual system of both common and civil law.
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CHAPTER THREE
FUNDAMENTAL PRINCIPLES UNDERLYING THE
ADMINISTRATION OF JUSTICE IN CAMEROON
3.1 Introduction
The concept and the administration of justice is one of the most essential features of the
government. The administration of justice is carried out by the state through the means of
physical force to maintain peace and order within the territory.
3.2. The concept of Justice

The concept of justice did not originate recently but its origin is as old as the existence of
humans. This concept evolved more noticeably along with the development of the concept of
state, which assures justice to every single citizen of the country through the instrument of
law. Humans sustain an inherent social nature and want to live peacefully in this society and
try to avoid conflict of interest. Every individual expects rightful conduct from other
individuals. Therefore, justice is a significant instrument from which the concept of rights,
duties, and equality evolves. In a territory, without the weapon of justice, it becomes very
difficult for the government to retain an orderly society. Further, with the development of
law, the concept of delivering justice also broadened. The significance of legal justice is that
it tries to ensure uniformity and certainty of law but at the same time, it also ensures that the
rights and duties of every citizen are duly respected. Hence, an essential feature is an element
of being impartial while delivering justice and one should be just and fair. The modern
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concept of justice is expressed as justice according to the law which is also known as the rule
of law.
3.2.1 Origin of administration of justice

The concept and administration of justice, which is prevailing in recent contemporary
societies, developed through several stages. In a primitive society, private retribution and
self-help were the only remedies accessible by the wronged person against the wrongdoer.
The second stage of development of the society is characterized by the state coming into
existence and taking its fundamental form when the functions were persuasive in nature. The
third stage of the development of society witnessed retaliation of wrongs by making payment
of compensation by the wrongdoer to the victim who is affected by the wrongful act. But
over the course of its duration, the government exerted its authority and took the
responsibility for the administration of justice. It was the responsibility of the government to
punish the wrongdoer by utilizing its power whenever necessary and delivering it to the
citizens. This stage of development witnessed that acts of wrong done by any individual
were no longer treated as a private wrong but it was contemplated as an offence against the
state and such individuals will be punishable according to the law of the country.
Accordingly, the prevailing administration of justice owes its origin and growth to the
incremental evaluation of the state and its power. Thus, with increasing state power the self-
help remedies which existed in the earlier stage were substituted by the administration of
criminal and civil justice through law courts of the nation.
The effectiveness of any criminal justice system is reflected in its ability to maintain
social order before and after the commission of an offense. Definition of an offense or a
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crime and their classification.3 It is based, among other things, on a number of principles
which must be adhere to.
The fundamental principles guiding the administration of justice are: public
administration of justice, reasoned judgement, unity of civil and criminal court,
decentralisation of the courts system.
3.3 Human Rights safeguards

The following are some fundamental human rights safeguards for a suspect or a defendant.
3.3.1 The presumption of innocence

The fundamental principle underlying the criminal justice system in Cameroon is that the
accused person is innocent until proven guilty. The presumption of innocence is an essential
feature of the Cameroon criminal justice and it is a right that has been enshrined in the 1996
Constitution of Cameroon amending the 1972 Constitution in favour of any person accused
of a criminal offence when it states that “every accused person is presumed innocent until
found guilty during a hearing conducted in strict compliance with the rights of defence”. The
Cameroon Criminal Procedure Code has equally codified this fundamental principle of
criminal justice administration when it provides that ‫״‬any person suspected of having
committed an offence is presumed innocent until his guilt has been legally established in the
course of a trial where he shall be given all necessary guarantees for his defence, the
presumption of innocence shall apply to every suspect, defendant and accused.
3.3.2 The principle of legality “nullum crimen, nulla poena sine lege”
The principle of legality is a core value, a human right, also a fundamental defence in
criminal law prosecution according to which no crime or punishment can exist without a
legal ground. Nullum crimen, nulla poena sine lege is in fact a guarantee of human
liberty; it protects individuals from state abuse and unjust interference, it ensures the
3 Question: State and explain the classification of offences under the Penal Code of Cameroon.
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fairness and transparency of the judicial authority. The principle is often associated with
the attempts to constrain states, governments, judicial and legislative bodies from
enacting on retroactive legislation. This principle is considered to be an essential
safeguard against arbitrary government. Therefore, before initiating any criminal
proceedings, the prosecutor must be satisfied that the elements of the offence are fully
made out and that the court has jurisdiction.
The origins of the principle date back to post-World War II when a set of compelling
criminal statutes were established. The criminal justice system of Cameroon affirms this
basic principle when it provides in the preamble of the 1996 constitution that ‫״‬no person
may be compelled to do what the law does not prescribe; no person may be prosecuted,
arrested or detained except in the case and according to the manner determined by law’’.
The 2005 CCPC makes it an obligation for any investigation, arrest and trial to be done in
consonance with the law.
Question: State the Latin expression or maxim that justifies the principle of
legality.
3.3.3 The principle of equality

This was central to revolutionary ideology and is enshrined in the 1789 Declaration. The
right to equality before the law and the protection of all persons against discrimination
are fundamental norms of International Human Rights Law. But in the year which
marks the 60th anniversary of the adoption of the Universal Declaration of Human Rights, the
recognition and enjoyment of equal rights still remains beyond the reach of large sections of
humanity Enshrined in the preamble of the Cameroon Constitutions, this principle imposes
as a right on all criminal defendants to be treated on a basis of equality although, since the
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introduction of the New Criminal Procedure of Cameroon, the procedure for dealing with
juveniles has placed greater emphasis on rehabilitation.
3.3.4 The principle of speedy trial

It is no surprise that the right to a speedy trial appears in the constitution of the Republic
of Cameroon. Without it, persons accused of crimes would have no protection against
indefinite incarceration prior to coming to trial.
The right to a speedy trial is designed to ensure that defendants are not subjected to
unreasonably lengthy incarceration prior to a trial. Violation of this principle may be a cause
for dismissal of a criminal case.
However, the courts have an inherent jurisdiction to halt proceedings if it is considered
that a delay in bringing the case to court has given rise to prejudice and unfairness
amounting to an abuse of process. Every person accused of a criminal offence in Cameroon
has the right to a speedy and public trial by an independent and impartial court or tribunal
established by law. All citizens shall have the right to a speedy trial. The accused has the
right to a public trial without delay in the absence of justifiable reasons to the contrary.
Every person arrested or detained shall be formally charged and presented before a court of
competent jurisdiction within forty-eight hours.
3.3.5 The principle of trial

The conduct of the trial process is subject to certain rules regarding “publicity”,
“orality” and “adversariality”. An accused person has the right to an open and public
hearing. This right is qualified, however, in the human rights treaties: the press and the
public may be excluded from all or part of a trial for reasons of morals, public order
(ordre public) or national security in a democratic society, or when the interest of the
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private lives of the parties so required (as in a divorce case), or to the extent strictly
necessary in the opinion of the court in special circumstances where publicity would
prejudice the interests of justice. Even in cases in which the public is excluded from a trial,
the judgement – including the essential findings, evidence and legal reasoning – must be
made public. Thus the public enjoys free access to all the trial courts and the appeal court,
although where a case is likely to endanger public morals or public order, the court can order
that proceedings to be held in camera. Likewise, juvenile proceedings are always heard in
closed session. It is forbidden to use tape recorders or cameras and proceedings may not be
televised. Faithful accounts of proceedings, reported in good faith, may be published by the
press.
Question: State circumstances where trial would not be held in public or with
court room open to the general public.
3.3.6 The dignity of the individual

The right against torture is one of the fundamental rights guaranteed by the Cameroon
constitution when it states in its preamble that “every person has a right to life, to physical
and moral integrity and to humane treatment in all circumstances. Under no circumstances
shall any person be subjected to torture, to cruel, inhumane or degrading treatment”. The
New criminal procedure Code of Cameroon in line with the constitution makes it clear that
no bodily or psychological harm shall be caused to any person arrested. The suspect shall not
be subjected to any physical or mental constraints, or to torture, violence, threats or any
pressure whatsoever, or to deceit, insidious manoeuvre, false proposals, prolonged
questioning, hypnosis, the administration of drugs or to any other method which is likely to
compromise or limit his freedom of action or decision, or his memory or sense of judgment.
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Any person arrested shall be given reasonable facilities in particular to be in contact with his
family, obtain legal advice, make arrangement for his defence, consult a doctor and receive
medical treatment and take necessary steps to obtain his release on bail.
3.3.8 The right to know the nature of the accusation/charge(s)

A fundamental feature of the criminal trial is the right of the accused to know the case
against him and to prepare his case for trial. The accused must be informed promptly and in
detail, in a language he understands, of the nature and cause of the criminal charge/s against
him. The charge/s should be stated either orally or in writing, indicating both the law and the
alleged general facts on which the charge/s is/are based. In fact, the criminal procedure of
Cameroon permits any person affecting arrest to inform the person to be arrested of the
reason for the arrest. By the provision of Section 31 of the new Code:
“Except in the case of a felony or misdemeanour committed flagrante delicto, the
person effecting the arrest shall disclose his identity and inform the person to be arrested of
the reason for the said arrest, and where necessary, allow a third person to accompany the
person arrested in order to ascertain the place to which he is being detained”.
3.3.8 The doctrine of habeas corpus

Habeas corpus is a recourse in law through which a person can report an
unlawful detention or imprisonment to a court and request that the court order the
custodian of the person, usually a prison official, to bring the prisoner to court, to
determine whether the detention is lawful. The writ of habeas corpus is known as the
"great and efficacious writ in all manner of illegal confinement".
Question; State and explain any five principles underlying the administration of justice
in Cameroon.
36
CHAPTER FOUR
SOURCES OF LAW
4.1 Introduction
The "source" of law refers to the different ways in which legal rules are established.
This is the area of law from which the applicable rules are drawn.
4.2 Sources of Cameroonian law
4.2.1 The Constitution

The Constitution is the Grund Norm of the Land to which all other lands get their
inspiration. A constitution is a set of rules that guides how a country, state, or other
political organization works. The constitution may tell what the branches of the
government are, what powers they have, and how they work. It may also state the rights of
citizens.
Since independence and the reunification of the former British Southern Cameroons
and the French Cameroun, the country can be said to have had at least three different
Constitutions and numerous constitutional amendments. What can be considered to be the
first Constitution was in reality the Constitution under which French Cameroun became
independent on 1 January 1960. The second Constitution was in reality an amendment of the
1960 Constitution of the French Cameroun in 1961, when the British and French
administered parts of the country were reunited and was styled as the Constitution of the
Federal Republic of Cameroon, which ushered in a highly centralised federal system. On 2
June 1972, after the referendum, a new unitary Constitution was adopted and the name of the
country was changed to the United Republic of Cameroon. In 1984, the appellation “United
37
Republic” was replaced with “Republic”. The current constitution was adopted in 1996 with
some revision in 2008.
Although not explicitly so-stated, the Cameroonian Constitution is treated as the
supreme law of the land. Article 2(1) vests national sovereignty in the people who exercise
this either through the President of the Republic and members of Parliament or by way of
referendum.
4.2.2 International conventions, treaties and agreements

International conventions are treaties or agreements between countries.
"International convention" is often used interchangeably with terms like "international
treaty," "international agreement," "compact," or "contract between states."
Conventions may be of a general or specific nature and between two or multiple states. An
example is the OHADA Treaty.
U.S. relations with many countries are governed by a number of treaties, both
multilateral and bilateral. The functions of U.S. consular officers to protect U.S. citizens
abroad are listed in a multilateral treaty called the Vienna Convention on Consular Relations
of 1963 which defines the framework for consular relations between countries. The U.S.
also has bilateral treaties with a number of countries concerning consular matters. You can
read about these here: Bilateral Consular Conventions.
Private international law is the body of conventions, model laws, national laws, legal
guides, and other documents and instruments that regulate private relationships across
national borders. These multi-lateral treaties include:
Hague Apostille Convention
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Hague Evidence Convention
Hague Service Convention
Hague Child Abduction Convention
Hague Adoption Convention
Criminal Matters
International Prisoner Transfer Program
Other Useful Links
Hague Conference on Private International Law
Council of Europe Treaty Office
Organization of American States (OAS) Treaties Page
Digest of International Law
United Nations Treaties Page
Diplomatic and Consular Specific Treaty Links
Vienna Convention on Consular Relations
Vienna Convention on Diplomatic Relations
Bilateral Consular Conventions
4.2.3 Legislation
Legislation is law which has been promulgated (or "enacted") by a legislature or other
governing body or the process of making it. Before an item of legislation becomes law it
39
may be known as a bill, and may be broadly referred to as "legislation", while it remains
under consideration to distinguish it from other business.
Legislation otherwise known as enacted law is made by formal and express declaration of
rules of conduct by the legislators or the executive by virtue of the Constitution of the
Republic. The law thus made is binding. Its authority cannot be questioned on moral
grounds, or on the grounds of unreasonableness, bad faith, or non-compliance with the
general will of the people.
This law is binding because the legislative and the executive are empowered by the
constitution to make laws. The constitution itself is recognised and accepted by the people as
the political and legal machinery of the state, as the fundamental norms for which other legal
norms derive their authority and validity.
Every sovereign state has the monopoly of legislation over its territory. Therefore, the
only pieces of legislation that normally apply in Cameroon are those provided by the
Cameroonian law-maker and promulgated in Cameroon in accordance with the Cameroonian
Constitution. That, however, is the general principle. By way of exception certain extra-
national laws apply in Cameroon.
4.2.4 Decree and Ordinances

The constitution of Cameroon has empowered the executive arm of government to make
laws through Decree and Ordinances as seen in Section 28 of the Constitution. This power is
in the hands of the President of the Republic.
4.2.5 Case Law/Judge made law/Common Law

Case law Case law – sometimes called common law – refers to the body of law
created by judges when deciding cases. It provides interpretation of statute law and clarifies
40
the law where no statute exists. Interwoven with case law is the doctrine of precedent which
states that a decision made in one case may provide the basis for deciding a later case.
Judges ordinary do not make the Law, but they administer the Law, that is to say
decide the cases in accordance with the existing legal rules. This gives rise to the doctrine
of binding precedent whereby the judge is not merely referred to earlier for guidance;
but is bound to apply the rules of Law contained in those decisions. In fact, the authority
of case law as a source of law rests on judicial precedent. In the English-speaking part of
Cameroon, as in England, case-law is considered as a source of law. But in the French-
speaking part of Cameroon, as in France, the formal attitude remains that case-law is not a
source of law but has only “une autorité privilegiee”. Does this mean that the courts in the
English-speaking part of Cameroon follow precedent while those in the French-speaking part
do not?
4.2.6 Customary Law

Customary Law is both a source and form of Law in Cameroon. Customary Law
constitutes a very important source of Cameroonian Law because in many aspects of
personal law, for example marriage, divorce and inheritance, most Cameroonian are still
governed by custom. The Customary Courts Ordinance Cap 142 of 1948 is applicable in
Anglophone Cameroon defines Customary Law in its Section 18(1) (a) as follows:
“The native Laws and custom prevailing in the area of the jurisdiction of the court as
far as it is not repugnant to natural justice, equity and good conscience, nor incompatible
either directly or by natural implication with the written Law for the time being enforced.”
The Southern Cameroons High Court Law, 1955 directs the High Court to observe and
enforce the observance of Customary Law. Section 27 (1) of the said Law enacts: “The High
41
Court shall observe and enforce the observance of every native law and custom which is
not repugnant to natural justice, equity and good conscience, nor incompatible with any
law for the time being in force, and nothing in this law shall deprive any person of the
benefit of any such naïve Law or custom”.
Generally, if the court is satisfied that the custom is used within a particular group would
not hesitate to uphold it.
Revision question:
To what extend is customary law a source of law in Cameroon?
Discuss the Grund norm and other laws as sources of law in Cameroon.
4.3 Classification of Law

Law may be classified in various different ways but the most important classifications
are;
4.3.1 Public law and Private law

Public law can be defined as that aspect or branch of law that deals with the
relationship between the state, its citizens and other states. It is one that governs the
relationship between a higher party (the state) and a lower one (the citizen).
Public law is the part of law that governs relationships between legal persons and
a government, between different institutions within a state, between different branches
of governments, and relationships between persons that are of direct concern to society.
Example of public law include Constitutional law, Administrative law, Criminal Law, Public
International Law, Tax law, and so on as well as all procedural law. For example, where an
individual believes that their human rights have been infringed by an action of the state.
42
Private law, on the other hand, is that category of law that concerns itself with the
relationship amongst private citizens. Private law concerns private individual rights, duties,
and liabilities. Examples include the Law of Torts, the Law of Contract, the Law of Trust
and so on.
4.3.2 Civil law and Criminal law

Civil law in this regard can be defined as the aspect of Law that deals with the
relationship between citizens and provides means for remedies if the right of a citizen is
breached. Examples of civil law include the Law of Contract, the Law of Torts, and Family
Law, Employment Law, etc. Proof here is based on balance of probability. When an
individual right is violated, that individual takes an action against the perpetrator.
Criminal Law, on the other hand can be referred to as that aspect of Law that
regulates crime in the society. It punishes acts which are considered harmful to the
society at large. When treating a criminal case, the standard of proof to be used is proof
beyond all reasonable doubts. When a crime is committed, it is said to have been committed
against the state and the state takes an action against the suspect or accused.
4.3.3 Substantive and procedural law

Substantive law is the main body of the law dealing with a particular area of law. Law
that creates or defines rights, duties, obligations, and causes of action that can be
enforced by law. It dictates the kind of punishment that someone may receive upon
being convicted at the conclusion of his criminal trial. Substantive law also defines types
of crimes and their severity. For example, substantive law is used to decide whether a
crime was a hate crime, whether a murder was committed in self-defense, and so on. For
example, the substantive law in relation to criminal law includes the penal code.
43
Procedural law, on the other hand, is law that deals with the process which the courts
must follow in order to enforce the substantive law. Procedural law is the set of rules by
which courts in the United States decide the outcomes of all criminal, civil, and
administrative cases.
4.3.4 Municipal/domestic/national law and (public) international law

Municipal/Domestic or National law is the aspect of law which emanates from and has
effect on members of a specific state. An example of municipal law in Cameroon is the
Constitution of the Republic of Cameroon which applies only in Cameroon.
International law, on the other hand, is the law between countries. It regulates the
relationship between different independent countries and is usually in the form of treaties,
international customs etc. examples of international law include the Universal Declaration
of Human Rights and the African Charter on Human and People’s Rights.
4.3.5 Written and unwritten law

A law would not be regarded as written just because it is written down in a document.
Written laws are those laws that have been validly enacted by the legislature of a country.
Unwritten laws, on the other hand, are those laws that are not enacted by the
legislature. They include both customary law and case law. Customary Law as part of its
basic characteristic is generally unwritten. Case law, though written down in a documentary
format, would be regarded as unwritten law based on the fact that it is not enacted by the
legislature.
An example of this is the good neighbour principle established in the case of
Donoghue vs Stevenson. The principle posits or holds that manufacturers of products should
take utmost care in their manufacturing activities to ensure that the consumption of their
44
products do not result in harm to the customer. This principle is not enacted in a statute but is
a case law which is applicable in Common Law jurisdictions.
4.4 Laws and Texts of application
- Decree No. 2004/080 of 13 April 2004 to amend certain provisions of Decree No. 95/048
of 08 March 1995 governing the Rules and Regulations of Judicial and Legal Services.
- Decree No. 2005/154 of 6 may 2005 to organise the National School of Administration
and Magistracy (NSAM and its French acronym- ENAM), amended and supplemented by
decree No. 2012/154 of 6 may 2012.
- Decree No. 2012/020 of 4th February 2011 on the Special Status of Court Registry
Officials.
- Decree No. 41/DPJ/SG/MJ of 12 th April 2005 of the Vice Prime Minister, Minister of
Justice and Keeper of the Seals Publishing the Internet Rules of the Bar.
- Decree No. 95/048 of 8th March 1995 dealing with the statute of the Magistrates.
- Decree No.76/116 of April 27, 1976, Sections 12- 15, for the purpose of administering
national lands.
- Decrees No. 79/488 of 05 November 1979 to regulate the duties and laid down the
professions of Bailiff and Process Server, as amended by Decree No. 85/238 of 22
February 1985.
- Decree No 82-467 of 4th October 1982 on Judicial and legal service Rules and
Regulations Law N° 89/019 of 19/12/89 modifying and completing certain dispositions of
Ordinance N° 72/4 of 26/08/72 on Judicial Organisation.
- Law No. 2003/005 of 21 April 2003 on the jurisdiction, organization and functioning of
the Audit Bench.

45
- Law No. 2005/007 of 29 July 2005 relating to the Criminal Procedure Code of Cameroon.
- Law No. 2006/015 of 29 December 2006 on Judicial Organization.
- Law No. 2006/022 of 29 December 2006 to lay down the Organization and Functioning
of the Administrative Court.
- Law No. 2008/001 of 14 April 2008 to amend and supplement some provisions of Law
No. 96/06 of 18 January 1996, to amend the Constitution of 2 June, 1972.
- Law No. 2012/011 of 06 July 2012 to amend and supplement certain provisions of law
No. 2011/28 of 14 December 2011 to set up a Special Criminal Court.
- Law No. 2016/007 of 12 July 2016 relating to the Penal Code, revising the 1965 and
1967.
- Law No. 2017/012 of 12 July 2017 to lay down the Code of Military Justice.
- Law No. 58/203 of 26 December 1958 on Forced Labour.
- Law No. 90/059 of 19th December 1990 governing Practice at the Bar.
- Ordinance No. 72/6 of 26 August 1972 on the organization of the Supreme Court, as
amended by Ord. No.76/28 of 14 December 1976.
- Southern Cameroons High Court Law (SCHCL), 1955.
- The Cameroonian Labour Code of 14 August, 1992.
- The Code d'Instruction Criminelle of 14th February 1883.
- Uniform Act on Simplified Procedure and Enforcement Measures under the OHADA
Treaty.
46
CHAPTER FIVE
CONCEPT OF CORPORATE OR LEGAL PERSONALITY
5.1 Introduction
A legal personality is what grants a person or organization rights and responsibilities
under the law. Since legal systems are built for use by human beings, humans are usually
automatically assumed to have a legal personality.
Under the concept of separate legal entity, a company will becomes a body corporate that
exists separately with its owner and distinct from its individual members and directors. In
others word, the corporation is an entity just like human being created using legal and
official purpose.
A company once created by the law can only be destroyed by the process of law. The
company exist in its own capacity and does business, generate revenues, incur losses,
hire employees and pay for its own tax. It is better to recognize the company as a separate
entity because the owners can enjoy the limited liability and risk based on their investment in
stock. However, under this concept, the company is treated in its own capacity. It is not
human, not a machine, and it cannot operate by itself. Therefore, it must need a group of
people of different capacity to manage it ethically and represent it in theirs vested authorities.
Under common law, a company is a “Legal Person” or “Legal Entity” which is separate
from and capable of surviving beyond the lives of members. Just like a juristic person, a
company is an entity different from its members, having its rights and duties and having a
perpetual succession. So, Corporate Personality is one of the characteristic of the company
under which company is said to be a legal or artificial person. The concept of corporate
47
personality further says that a company is having a separate legal entity which is
different from its members. The concept of Corporate Personality was ruled out in the
famous case of Salomon v. Salomon whereby it was enunciated that a company is having a
separate legal entity as distinct from its members.
Question: You have conceived a good business idea and intend to register the
business. Registration of a business is therefore done at --------------.
5.1.1 Understanding the concept of corporate personality

From the date of its incorporation or registration a company becomes in law a
different person altogether from the members who compose it. Thus, an incorporated
company has legal personality distinct from that of its members from the date of its
incorporation.
The concept of legal personality or separate legal entity has its roots in the landmark
case of the English House of Lord in Salomon v. A Salomon & Co Ltd. Aron Salomon is a
leather merchant and wholesale boot manufacturer trading on his sole account. The facts of
the case are as such: Solomon was a leather merchant. Due to the overwhelming response to
his leather business he decided to convert his business into Limited Company- Salomon &
Co. Ltd. The company consisted of Solomon, his wife and five of his children as members.
The company purchased the business of Solomon for £39,000, the purchase consideration
was paid in terms of £10,000 debentures4 conferring a charge over the company’s assets,
£20,000 in fully paid £1 share each and the balance in cash. Within a year of incorporation of
a company, it ran into financial crisis and liquidation proceedings commenced. The assets of
the company were not even sufficient to discharge the debentures (held entirely by Solomon
4 A debenture is a certificate that certifies an amount of money owed to someone; a certificate of indebtedness. Or a document
granting lenders a charge over a borrower’s physical assets, giving them a means to collect a debt, as part of a secured loan.
48
himself). And nothing was left for the unsecured creditors. The House of Lords held that
the company has been validly constituted, since the Act only required seven members
holding at least one share each. It said nothing about their being independent, or that there
should be anything like balance of power in the constitution of the company. Hence, the
business belonged to the company and not to Solomon. Solomon was its agent. The
company was not the agent of Solomon.
The company was set out by the way of counterclaim, inter alia, so that the company
was entitled to be indemnified by Aron Salomon against all debt of the company. The court
held that Aron Salomon is not personally liable to pay to the creditors. The company is
an independent person in law and not a trustee or agent. Therefore it is liable for the
liability itself. There are a few consequences incurred based on the independent legal entity
theory. A company is a body corporate and is capable of exercising all the functions of an
incorporated company.
5.2 Differences between Natural Person and Legal Person

This article describes 11 differences between Natural Person and Legal Person.
5.2.1 Natural Person

1. A natural person is a human being.
2. He has characteristics of the power of Thought, speech and choice.
3. A natural person is a real and living person.
4. Slaves were also natural persons.
5. The layman does not recognize idiot, company, corporation, idol etc. as persons.
6. He is also a legal person.
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7. Natural persons perform their functions and also perform the function of legal persons.
8. Man is the only natural person.
9. Natural person can live for a limited period. i.e. he cannot live more than 100 years.
5.2.2 Legal Person

Legal person is being, real or imaginary.
A legal person is any being whom the law regards as capable of rights or duties.
Legal persons are also termed “fictitious”, “juristic”, “artificial” or “moral”.
In older law, “slaves” were not recognized as persons.
In law, idiots, dead men, unborn persons, corporations, companies, idols, etc. are
treated as legal persons
There are several categories of legal persons recognized by law.
“Although all legal personality involves personification, the converse is not true”.
The legal persons perform their functions through natural persons only.
There are different varieties of legal persons, viz. Corporations, Companies,
Universities, President, Societies, Municipalities, etc.
Legal person can live more than 100 years. Example: (a) the post of “American
President” is a corporation, which was created some three hundred years ago, and still it is
continuing. (b) “East India Company” was established in sixteenth century in London, and
now still is in existence.
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5.3 Attributes or characteristics or the benefits of Corporate Personality
5.3.1 Separate Property
A company is the beneficial owner of its property and it does not hold it as
trustee for it members. Shareholders should be regarded not as proprietors of the company
but merely as suppliers of capital entitled to no more than reasonable return. Because of
being a legal person a company is capable of owning, enjoying and disposing of
property. A member has no interest in the property of the company and, therefore he cannot
issue it, but a shareholder can insure the success of an adventure in which the company is
engaged. It is to be noted that a debenture –holder can insure the property of the company on
which his debenture is secured, because a debenture-holder as a secured creditor has an
interest in the property of the company. Thus, the doctrine of corporate personality enables
the property of the company to be distinguished from that of its members. The shares of a
company may be transferred without affecting the property of the company.
The effect of the theory of independent legal entity is the property of the company which is a
going concern belongs to it and not to its individual members, directors or the shareholders.
The principal of law can be related to an English case of Macaura v. Northern Assurance
Company Ltd & Ors. The appellant sold the whole timber estate to a company called Irish
Canadian Sawmills Ltd. And received pay of 42,000 fully paid shares of ? 1 each in the
company. After the sale, the appellant bought an insurance policy in his own name in
covering against the fire on the timber of the estate.
After that, the greater part of the estate caught fire but the respondent refuse to pay the
appellant by argued that he had no insurable interest towards the estate. Finally, when the
appellant appealed, the court held that a sole shareholder has insurable interest towards the
company. Applying the theory of independent legal entity, it is held in the case of Lee v.
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Lee’s Air Farming Ltd that the governing director of one company can validly employ
himself as the employee of the company. Lee started a company called “Lee’s Air Farming
Ltd”. Lee held all the shares of the company except one and he employed himself in this
company.
Next, Lee bought a insurance policies for the benefits of the employees included himself.
Lee was killed in a plane crush and his wife claimed the compensation for the personal
injury caused to the workers by the reason of employment accident. The claim was opposed
by the company stated that Lee cannot be the governing director and the employee at the
same time so that he is not liable for the compensation. The court held that the position of lee
as the governing director did not stop him to enter an employment contract with the
company. Therefore, Lee’s wife is liable for the claim of compensation.
5.3.2 Perpetual Succession

Any change in the membership of a company does not affect it continuity. An
Incorporated company is an entity with perpetual succession. The corporate existence of the
company is never affected be the insolvency of its individual members.
5.3.3 Transferable Shares

The doctrine of corporate personality facilitates the transfer of the member’s
interest without the consent of the other member of the company. As S. 82 provides
shares or other interest of a member in the company in movable property transferable in the
manner provided by the Articles of the company. After the transfer of shares the transfer
drops out and the transferee step into his shoes.
5.3.4 Suing and being sued

An incorporated company being a legal person can sue and be sued in its own name.
Thus, the corporate personality of the company has made the litigation convenient, cheap
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and easy. The corporate personality allow the company to sue and being sued, enter into
contracts, incur debt and own a property.
5.3.5 Limited Liability

Because of the said concept of separate legal personality, one of the
main advantages corporations enjoy is limited liability. As there is no involvement of the
shareholder, limited liability negates any debt, contractual obligation, or any form of
accountability for any wrongful act or liability on the part of the company.
Firstly, the most notable advantage of limited liability for a business entrepreneurship is
linked to the minimisation of risk. This advantage is not only limited to shareholders; it also
extends to some creditors. Shareholders hide behind the corporate veil, to which this
protection encourages them to take reasonable risk. This risk is usually in the form of
investments as there is a partition between the individual’s personal wealth and the
companies assets, therefore, in the event of insolvency the business failure will not make
the shareholder personally liable and accountable to creditors. However, risk also has
the ability to encourage continued trade in circumstances where the health of the enterprise is
critical, to the point of fatality.5
A company is a separate person from its incorporation, its members are neither the
owner of its assets nor liable for its debts. A company which is registered with unlimited
liability then only its members are liable to contribute to the debts of the company to the full
extent of his property, but if a company is registered with limited liability, the liability of
each its members will be limited to certain extent. The doctrine of limited liability has played
an important role in the development of the trade and commerce. It has enabled the
5 The Doctrine of Separate Legal Personality Law Company Business Partnership Essay (uniassignment.com).
53
businessmen to invest their money in business run by the corporate form of organization
with limited risk or liability. This has encouraged the investor to invest their capitals in
business and thereby has encouraged the aggregation of small sums into large capitals.
Besides, in the case of company with limited liability, it is possible for every member to
know the exact extent of his risk. It also possible to make the liability of the member of the
company limited without restriction on their participation in management.
Revision questions:
-Make an exposition on the concept corporate or legal personality and its importance.
-Discuss the concept of separate legal entity and consequences of corporate personality
on a company.
-Describe the sources of law in Cameroon.
-Differentiate between the various branches of law.
- Discuss the concept of separate legal entity and consequences of corporate personality
on a company; as part of the discussion present your opinion whether the judiciary can
ignore the rule of separate corporate personality and how the said rule will affect group
of companies.
5.4 The theories of corporate personality

There are various theories of Corporate Personality which have attempted to describe the
nature and authority of it. Following are the principle theories of corporate personality:
a. The Friction Theory
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This theory holds that the personality of a corporation is different from that of its
members. Thus any change in the membership will not affect the existence of the
corporation.
b. The Concession Theory
This theory is concerned with the sovereignty of the state. It is of the view that as the
corporation is a legal person recognised by state or law, so it is of great importance.
According to this theory, a juristic person is merely a concession or creation of the State.
This theory is allied to fiction theory. The supporters of this theory are almost the same. The
theory says that the corporate bodies are having legal personality only to the extent granted
by the state.
c. Realist Theory
Realist theory is also known as “Organic Theory”. This theory was propounded by
Gierke and Maitland was the supporter of this theory. This theory says that a corporation is
having all the characteristics just like a natural person. So, he opines that legal or juristic
person is really just like the human beings.
d. Group Personality Theory
This theory is also known as Institutional Theory. The exponent of this theory was
Hauriou It says that individual integrates into association and becomes part of it. Thus, it
believed that every collective group has real mind, the will and power of action. So, a
corporation has a real existence, irrespective of the fact whether it is recognised by the State
or not.
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e. The Bracket Theory or the Symbolic Theory
The theory was propounded by Rudolph Ritter von Ihering. The theory says that the
only persons who are having rights and duties are the members of the corporation. The
granting of legal personality means putting a bracket on the members so that they can be
treated as a single unit when a corporation is formed.
f. Kelsen’s Theory of Legal Personality
According to this theory, there is no difference between the legal personality of a
company and that of an individual. In the legal sense, personality is only a technical
personification of the norms with the assigned rights and duties.
5.5 The Doctrine of Lifting or Piercing the Corporate Veil

The word company is derived from the Latin word Com meaning with or together and
panis meaning bread, and it originally referred to an association of persons who took
their meals together. Today the business matters have become more complicated and word
“Company” has assumed greater importance. Company is thus a voluntary association of
people who come together to carrying on some business and sharing profits therein.
Members contribute capital and the profits are distributed among various
stakeholders. Thus, a company denotes an association of likeminded persons formed for
the purpose of carrying on some business or undertaking. It can be for profit or it can
be for a charitable purpose. A company is a body and a legal person having status and
personality distinct and separate from that of the members constituting it.
A Company is not a ‘person’ in the layman’s language. It is an organization created by a
group of individuals who come together for the purpose of business. It is thus the
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personification of group or series of individuals making it a legal person. By the provision of
law, a corporation is clothed with a distinct personality. A company being an artificial
person, does not have a mind of its own and thus cannot act on its own, it can only act
through natural persons or the people who are members of it. The business is carried on
by real person, and for the benefit of, some individuals, i.e. some human beings are the real
beneficiaries of the corporate advantages.
However, sometimes the corporation may commit certain fraud or misrepresentation
and in such a case, the façade or disguise of corporate personality might be removed to
identify the persons who are really guilty. As it has been earlier elucidated that Courts
usually follow the principle of separate entity as laid down in the Solomon’s Case however,
it may be in the interest of the members or the general public to identify and punish the
persons who misuse the medium corporate personality.
"Piercing the corporate veil" refers to a situation in which courts put aside limited liability
and hold a corporation's shareholders or directors personally liable for the corporation's
actions or debts. Veil piercing is most common in close corporations.
The Doctrine of the lifting of the corporate veil was first propounded in the year 1897 within
the distinguished English case of Salomon v A Salomon & Co Ltd.6
In the Doctrine of ‘Lifting the Corporate Veil’, the law goes behind the veil of incorporation
to determine the group of people behind the company who defrauded or deceived and
6 This case firmly ascertained that upon incorporation, a new and separate artificial entity appears and according to law, a
corporation is a distinct person with its personality separate from and autonomous of the individuals who established it, who
invest money in it, and who direct and manage its operation independent of the corporate existence of a registered company,
The case, however, is the recognition that a company is a separate legal entity in its own right is the organization of modern
corporate law and gave basis to the doctrine ” lifting of the corporate veil” which means that whenever any wrong is committed
by the corporation its members cannot be held liable for those wrongs, it further helps to determine when the shareholders of
the company are liable for the obligations of the companies.
57
cheated. It is thus used as a means to stop fraud, improper conduct or where the
protection of public interest is of important concern, it is to be noted that the
corporation is regarded as an organization of persons rather than a legal entity when
the very exact legal entity is used to defeat public convenience and justify wrong or to
defend crime.7
Question: What is the importance of the Doctrine of Lifting the corporate veil of
incorporation?
Thus where a fraudulent and dishonest use is made of the legal entity, the individuals
concerned will not be allowed to take shelter behind the corporate personality. The
Court will break through the corporate cloak or cover and will look behind the
corporate body as if there is no separate existence of the company from its members.
Further, if found guilty of any misconduct, it can penalize the members for actions of the
company including any pending debt. This is known as lifting the corporate veil.
The protection of a company is not ironclad or impenetrable. A corporation is a legal entity
that is separate from its shareholders. This means that the shareholders cannot be held liable
for any debts of the business. Nevertheless, there are cases where the courts can pierce the
veil if the business owners commit some type of wrongdoing.
For example, if shareholders would mix personal and business assets, a court might pierce
the corporate veil by holding owners accountable for the obligations and debts of the
business.
7 LEXPEEPS (OCTOBER 12, 2020), “Lifting of the Corporate Veil”

https://lexpeeps.in/lifting-of-the-corporate-veil/, accessed on the 14th January, 2022.
58
-Corporations and shareholders must ensure full compliance with the state law in order to be
protected from lifting the corporate veil.
-Also, courts might lift the corporate veil in cases where the clear distinction between a
corporation and the shareholders becomes blurred. There are two theories regarding the
lifting of the corporate veil: the alter-ego theory and the instrumentality theory.
Fraud or improper conduct– the most common ground when the courts lift the corporate
veil is when the members of the company are indulged in fraudulent acts. Tax Evasion–
Sometimes, the corporate veil is used for the purpose of tax evasion or in order to avoid any
kind of tax obligation.
If fraud or any other criminal activity occurs, owners cannot invoke limited liability
protections. When running a business, all assets and money belong to the company and can
be seized by creditors in a scenario where the company is not paying the creditors. The
corporation, as mentioned before, is a separate legal entity from the shareholders and this
is called a veil of incorporation. In Florida, in order to pierce the corporate veil, one must
show that the relevant company is only an instrumentality of the owner and that the owner
engaged in improper conduct.
The most common way of lifting the corporate veil in company law one can come across
involves close corporations
Every corporation must follow the laws of the state of incorporation. The states have
adopted different regulations. For this reason, for example, Delaware is the most favorable
place to incorporate because of its business-oriented legislation. However, even if laws vary
by state, courts usually tend to only remove protections in the case of fraudulent or

59
wrongful actions; the same standard applies to limited liability companies. There are two
methods under which a business can become liable under corporate law:
 direct liability (usually regarding direct infringement)
 secondary liability (in the form of indirect violation from agents).
Even if the courts have the possibility of lifting the corporate veil in company law, they are
usually reluctant to remove such protections and will only lift them in a case where the
statute was violated in some manner or there is fraudulent activity. The courts in general
consider themselves bound by the veil of incorporation principle. Therefore, incorporation
does not cut off personal liability at all times and in all circumstances. The sanctity of a
separate entity is upheld only insofar as the entity is consonant with the underlying policies
and laws which brought it into existence.8
5.5.1 Circumstances where corporate veil may be lifted

However, the rule of separate corporate personality can be open to abuse and can in certain
situations lead to harsh injustice. Therefore, to solve this problem, the judge can lifting the
veil of incorporation where those who are responsible will be held personally liable for the
acts of the company. For example, a director resigned from a company and signed a contract
to not compete with the company he just left for a period of time. If he set up a company to
compete with the previous company within the period of time, technically is the company
competing but not the person.
In this case, the court may held that the establish of the new company is a fraud and the
formal company may take action on the person for breach of contract. As a result, the court
8 https://malesculaw.com/what-is-lifting-of-corporate-veil-in-company-law/#:~:text=What%20is%20lifting%20of%20corporate
%20veil%20in%20company,one%20can%20come%20across%20involves%20close%20corporations.%20, accessed on 14th
January, 2022.
60
would look beyond the legal fiction to the reality of situation. There are some circumstances
where the corporate veil can be lifted by the Act. One of the circumstances is reduction of
members below the statutory minimum, which is less than two. Section 14(1) states that
incorporation of company requires two or more persons to register their name to the
memorandum.
The corporate veil might be lifted even if the number of members fall below two, the
company still have an independent legal existence. However, the members remained in the
company will still liable for the debts of company under section 36. It is only that the
members remain after 6 months after the business started can be sued and liable to the
payment of debts. The second circumstance is offence relating to financial assistance to
purchase shares. Financial assistance is assistance given by the company on the purchase of
its own share or the shares of its holding companies.
Once the company or the other people constituted an offence under section 67, the privilege
of limited liability of members may be lost. The court may order the convicted person to pay
compensation to the company once the company suffered a loss or damage as a result of
constitution of offence. Basically, section 67 involves some prohibitions related to any way
of lending, purchasing and dealing of the company own shares by any financial assistance.
Next, the third circumstance is signing of bill of exchange or other similar documents.
This circumstance states that when any negotiable documents or any endorsement signed
by the officer or any person on behalf of company without mention the company name
or formal name, then the person should be liable to the holder of the instrument and
also the order of amount. The liability of the officer will not arise when the company paid
61
the amount. Then, the forth circumstance would be issuing of share by directors. Section
132D prohibits the directors from exercising any power of the company to issue shares
without any prior approval of the company in the general meeting.
Besides, no provision in memorandum or any article of the company can overwrite the
statutory prohibition. When such prohibition applied, any shares issued under it will be void
and recoverable of the shares will be given consideration. The directors involved will be
liable for the compensation of loss or damage. The recovery must be proceed within three
years from the date of issues under the provisions of Limitation Act 1953. Besides, wrongful
trading is also one of the circumstances where the corporate veil can be lifted by the Act.
If an officer of company cause any proceedings against the company or the course of
winding up the company, the officer may be guilty for an offence under the section 303(3).
The knowledge of the officer must be tested at the time when the debt was contracted. When
the officer has been convicted to be offense under Section 303(3), the court may order the
officer to personally liable to unlimited liabilities for the repayment of part or wholly the
debt. On the other hand, fraudulent trading can lifted the corporate veil.
If any business of the company was carried out with intention to defraud creditors of the
company or other person or for other fraudulent purpose. In such condition, the court may
order the party which carried out the business to be personal liable to any debts or other
liabilities of the company without limitations. The application here can be made by
liquidator or creditor or contributor of the company. The last circumstance that can lift the
company veil is payment of dividends out of capital. The company is not allowed to pay the
dividends to its members out of the share capital.
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Section 60 states that all dividends can only be paid as part of profits. The directors or
officers that pays or permits to pay the dividend, was liable to the creditors of the company.
In terms of common law, a contract entered with enemy alien is void for illegality as it is
against public policy. The court can lift the corporate veil during war time to investigate
whether the company is enemy alien or not. If one company is controlled by enemy alien, it
is incapable for suing since the trading which was made by the company might be illegal. In
the case of Daimler Co Ltd v. Continental Tyre and Rubber Company(Great Britain) Ltd.
CTR is incorporate in England but all the shares of the company were held by Germans
except one is for the British secretary. Besides, the directors were German residents. During
the war between England and German, an action was taken to pay for the trade debts. The
issue occurred whether CTR can sue and recover a debt in the period of war. The court held
that CTR was an enemy alien company and stated that CTR is incapable of suing and
payment of debts as it is illegal against the public policy. To determine the control of
company, number of enemy alien shareholders and the value of their shareholding is
ascertained.
Some of the company use the Salomon principle to commit fraud. As in the case of Aspatra
Sdn Bhd & 21 Ors. V. Bank Bumiputra Malaysia Bhd & Anor, Lorrain Osman is the
director of first respondent and the chairman of the board of directors of the second
respondent. He was sued by the respondents that he made secret profit in breach of duty as
the director of both respondent. Mareva injunction and Anton Piller order is held on Lorrain
Osman. The appellant company was held that it can lift the corporate veil so that the assets
of the appellant companies could be held or deemed to be the assets of Lorrain Osman.
63
The third conditions is avoidance of contractual covenants. Independent legal entity cannot
be used to circumvent his contractual obligations owed to the other party to the contact.
When the new company was set up, this condition will help to make sure that the setting up
of the company is not for the purpose of avoiding contract. In the case of Gilford Motor Co
Ltd v. Horne & Anor, E. B Horne was a Managing director of Gilford Motor Co. once his
employment end, he signed a contract in which he would not do any business which same
line with the Gilford motor Co. after leaving the company. This is to prevent any customers
of Gilford motor Co from being solicit or entice away. After Horne’s employment had
terminated, he formed a limited company under his wife name, which is in the same line of
business with Gliford Motor Co. Therefore, the court held that the action is try to entice
away the customer and Horne is committing breach of contract. The theory of independent
legal entity in group enterprise is hard to applied and described because the holding-
subsidiary relationship can be quite complex nowadays.
Source; Concept of Separate Legal Personality of a Company - Company Law Essays
(lawaspect.com)
Source; for further information, visit this site Understanding The Concept Of Legal
Personality In Detail (lawnn.com)
CHAPTER 6:
SOME KEY ASPECTS OF CAMEROON PENAL LAW (CRIMINAL
LAW)
6.1 Introduction
What we call criminal or penal law mostly refer to states laws that make certain
behaviours illegal and provide sanctions for such behaviour. In other word criminal law
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is that branch of criminology that seeks to protect public order and decency, protect
citizens from what is offences or injurious and provide enough safeguard against
exploitation and corruption from those who are vulnerable. Criminal law determines
offences (incrimination and the applicable sanctions). It might also refer to a body of
laws that applied to criminal act. In instances where an individual fails to adhere or
summits to a particular criminal status he or she commits a criminal act by breaking the law.
Criminal law is therefore the reaction of the state against the value of the society.
6.2 Types or classification of offences

With this regard criminal law distinguishes the various type of offences against the value
of societies “felonies, misdemeanour, and simple offences”. A misdemeanor is a less
serious crime than a felony. Felonies are the most serious crimes you can commit and
have long jail or prison sentences, fines, or permanent loss of freedoms. Misdemeanors
usually involve jail time, smaller fines, and temporary punishments. These offences and
their sanctions are well codified in a single document known as the penal code.
The Cameroonian Penal Code consists of two main divisions each known as a “Book”.
Book I contains principles which apply general to the whole criminal law and “covers every
criminal provision, whether or not to be found in Code”. Book II deals with particular
crimes. It sets out offences and its applicable sanctions or punishment. Among some of the
basic aspects of the Cameroonian criminal law are;
a. General character of criminal law
All person shall be subject to criminal law. This is known as the principle of “no
exemption” contained in Section 1 of the Cameroon Penal Code. This means that the
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Cameroonian criminal law applies to everybody without distinction. The Cameron penal or
criminal law punishes whosoever commits an act clearly defined as an offence.
b. The personal nature of the Cameroon penal or criminal law
As stated earlier, our criminal law provides that only persons that commit offences in the
capacity as authors or accessories are declared criminally responsible and thus suffers the
penalties levied against them. This is known as the principle of personal responsibility
and the personality of sanctions or penalties. Contrarily, he who does not personally
participates or involves in the commission of an offence as authors or accessories cannot be
criminally responsible and cannot be sentenced. There is not collective criminal
responsibility. In criminal law, the parents of a minor author of an offence or a violent act
cannot be criminally sanctioned for these acts, but maybe civilly liable for the damage
caused by their children.
c. No retrospection of criminal law
As a common rule, law does not apply to the past. The essence of this principle implies
that a law in effect does not extend to include past affairs and cannot pass judgment on
events which occurred prior or before it was implemented. In our context, the formal
base of the principle is Section 3 of the Cameroon Penal Code which states that “No
criminal law shall apply to acts or omissions committed before it coming into force or
in respect of which judgement has not been delivered before its repeal or expiry”. Thus,
the new law governs only acts committed after its promulgation. As such, all acts committed
before the promulgation of a new law shall only be governed by the old law in force at the
time of its commission.
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d. Territoriality of Cameroonian criminal law
The criminal law of the Republic of Cameroon applies to all acts done or committed
within its territory. This is known as the principle of territoriality of criminal law. The
principle provides that the criminal law of the state is competent to try all individuals
who are present within a territory without considering their nationalities when they
commit an offence within its territory. The legal base of this principle is section 7 to 11 of
the Cameroonian penal code.
However, there is an exception to this. Section 7(2) of the Cameroon Penal Code states
that “no member of the crew of a foreign vessel or aircraft may be tried for an offence
committed against another member of the same crew on board that vessel or aircraft,
though within the territorial waters or airspace of the republic, unless the assistance of
the local authorities shall have been invoked or public orders shall have been
disturbed”.
e. Murder
Section 275 of the Cameroonian Penal Code defines murder in Cameroonian Criminal
law as the intentional causing of another person’s death. The Cameroonian criminal law
prohibits murder and provides in section 277 of the Penal Code that “whoever causes
another’s death shall be punished with imprisonment for life”.
6.3 Civil Responsibility and Criminal Responsibility
Individuals involved in a car accident can be involved in either a criminal or civil lawsuit.
A civil case will typically involve a private dispute between individuals or organizations,
whereas a criminal case will involve an action that is against a criminal who broke the law.
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Understanding the difference between civil and criminal liability is important in
evaluating the strengths and weaknesses of your case to determine whether or not to pursue a
lawsuit.
As usual in the term “civil liability”, the word liability means responsibility for the
harm alleged by the plaintiff and the damage suffered. A person found liable or
responsible in a civil action, upon a verdict in favour of the plaintiff, must pay whatever
monetary damages the jury or the judge awards to the plaintiff.
In civil litigation, contract and tort claims are by far the most numerous. The law attempts
to adjust for harms done by awarding damages to a successful plaintiff who demonstrates
that the defendant was the cause of the plaintiff’s losses. An individual is considered civilly
liable or responsible when he or she commits a wrong: trespass to person (assault, battery
and false imprisonment), defamation, and nuisance or is in breach of contract.
Criminal responsibility on the other hand, occurs when an individual commits an act
classified as an offence. An offence or a crime can be defined as behaviour which is
prohibited and sanctioned by the Cameroonian criminal law and which attracts the
application of punishment and security measures against the authors of the act. It
implies of offences which are clearly stated in the Cameroonian criminal law text (penal
code).
Criminal lawsuits are initiated by the local government, typically at the city or county
level, by the prosecutor, where the defendant is accused of a crime through a formal
accusation known as an indictment.
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The victim of the crime is not responsible for bringing the case before the court
as they do in a civil case; the government prosecutes on behalf of the victim. Once the court
has determined that the defendant is guilty of his or her crime, the court will order a sentence
on the defendant. The sentence could include a fine, incarceration, or released supervision in
the community.
The burden of proof is significantly higher for a criminal case than it is in a civil
lawsuit. The government must prove the defendant's guilt beyond a reasonable doubt before
a jury of peers. However, if the defendant is found guilty of criminal charges, this can be
used as evidence in a civil liability case. The plaintiff can take a joint action.
A criminal offence is different from a civil offence which is punished by the civil law.
A criminal offence is punished because of the trouble it causes to the society.
Civil and Criminal Liability Differences
A civil case typically includes a private dispute between people or organizations,
whereas criminal liability cases involve offenses against the state. Understanding the
differences is essential in evaluating how strong or weak a case is, and in determining
whether or not to pursue a lawsuit. Here are some of the things that set these two apart.
1. Difference in Definition.
A civil lawsuit is initiated when a person or a corporation has failed to carry out the
legal duty owed to the plaintiff. The plaintiff then receives monetary compensation also
known as “general damages,” for the physical and mental pain as well as property damage
that resulted from it. These payments may be recovered through a competent personal injury
attorney Orlando locals trust. A criminal case, on the other hand, is prosecution by the local
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government for violation of a provision of the criminal code. In a criminal lawsuit, the
plaintiff is not responsible for bringing the case before the court as is the case with a civil
suit. Instead, the prosecutor is the one who files the case in court as a representative of the
state.
2. Differences in Punishment
Civil lawsuits usually only result in compensation or orders, but criminal trials involve
penalties in the form of jail time, fines, or even death.
Criminal cases are harder to prove hence many protections are put in place to avoid
wrongful conviction.
3. The Standard of Proof
Civil cases use lower standards of proof. For example, “the preponderance of the
evidence” which essentially means enough evidence just to tip the balance in favor of the
plaintiff. Crimes, on the other hand, must always be proved “beyond any reasonable doubt”.
This difference in standards exists because the personal liberty and freedom of the individual
are at stake making the burden under the American system of justice, a heavy one.
4. The Right to An Attorney
In a criminal lawsuit, the defendant is entitled to an attorney. If they can’t afford one,
the state provides an attorney. This is not the case in a civil lawsuit as the defendant has to
pay for a personal injury attorney Orlando offers or choose to represent him or herself.
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6.3.1 Civil Responsibility or liability
A civil liability case is initiated when a person or corporation claims that another
person or corporation has failed to carry out a legal duty that was owed to the plaintiff, and
can be brought before both state and federal courts. The plaintiff may come before the court
to request the defendant be ordered to fulfil his or her legal duty or provide compensation for
the harm caused to the plaintiff.
In the example of a car accident, the civil legal duty is an expectation that the
defendant will not act in a reckless or negligent manner while operating his or her vehicle on
the road.
If you have been involved in a car accident, you may have the right to bring a civil
claim against the driver or his or her insurance company to receive monetary compensation
for your injuries because of the driver's fault or negligence. Compensation for physical and
mental pain and suffering that resulted from the accident are known as "general damages,"
and can only be recovered from a personal injury civil lawsuit. In addition, you may be
entitled to receive payment for property damage to your vehicle.
Civil responsibility here can be either in Tort or in Contract
6.3.1.1 Liability in Tort
Tort is a conduct that harms other people or their property. It is a private wrong against
a person for which the injured person may recover damages, i.e. monetary
compensation. The injured party may sue the wrongdoer (tortfeasor) to recover damages to
compensate for the harm or loss incurred. The conduct that is a tort may also be a crime.
Some torts require intent before there will be liability and some torts require no intent. In
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other words, in some cases, there is liability for a tort even though the person committing the
tort did not have any intent to do wrong.
Tort is a civil wrong, that is not a breach of contract (not occurring out of a promise you
made to someone, it is of an existing duty that most of us have) (can be a specific duty, like
doctor to patient, or more general like not harming others in the street). The "wrong" occurs
because there is a breach of a duty imposed by the law and the law aims to protect certain
interests. The "breach" gives rise to a right for a remedy (usually in the form of damages)
and standing to sue.
Law of Torts deals with civil wrong. This is basically a breach of any duty imposed by
law, which gives rise to a civil right of action for a remedy not exclusive to any other
areas of law.
Trespass to persons
Liability in Tort may arise when an individual causes the following wrongs;
1. Battery
Battery is the intentional and direct application of force to another person
without lawful justification. When physically applying some force to another person’s
body in an offensive manner that causes some harm is called battery. For there to be battery,
there must be some physical contact with the body of the plaintiff. Any contact will suffice
provided that it is both active and voluntary. So to punch a person or steal an unwanted
kiss may be a battery provided that the other requirements are satisfied. For
example, throwing water on a person’s face. Damaging people with change in heat, smell,
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odour, light is often known to be the battery. No battery will be committed by a person who
passively obstruct a door way so that another pumps into him.
2. Assault
Assault is the act of the defendant which causes to the plaintiff reasonable apprehension of
the immediate infliction of a battery (fear) on him by the defendant. For example, assault
can be committed by a threatening body posture, with or without spoken word. There
must be both the present of imminent contact and the apparent ability to carry out the threat.
Thus, the act of shaking a fist at someone passing by on a train will not constitute an assault.
The difference between battery and assault is, in battery, physical contact is mandatory as the
purpose is to threaten not to harm.
Some other examples of assault and battery could be if someone knocks a phone out of
the victims hand on purpose. If an aunt hits their niece without permission. Assault and
Battery could include pistol whipping someone, pointing a gun at someone, directly or
indirectly threatening someone. Throwing a rock at someone for the purpose of hitting him
is battery if the rock in fact strikes the person and is an assault if the rock misses. The fact
that the person may have been unaware that the rock had been thrown at him is irrelevant
under this definition of assault.
Some jurisdictions have incorporated the definition of civil assault into the definition of the
crime making it a criminal assault to intentionally place another person in “fear” of a harmful
or offensive contact. “Fear” means merely apprehension – awareness rather than any
emotional state.
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Review the example in Section 10 Example of Threatened Battery Assault Act. Change the
example so that the gun that Diana grabs is Dianas gun, and it is unloaded. Diana is aware
that the gun is unloaded, but Dan is not. In this example, Diana probably has the intent
required for threatened battery assault. Dianas act of pointing the gun at Dan and cocking it,
after making a verbal threat, indicates that she has the specific intent or purposely to cause
apprehension in Dan of imminent harmful physical contact. If Diana is in a state that only
requires apparent ability to effectuate the contact, Diana has committed the criminal act
supported by criminal intent for threatened battery assault. Note that Diana does not have the
proper criminal intent for attempted battery assault if the gun is unloaded. This is because the
intent required for attempted battery assault is the intent to cause harmful or offensive
contact, which Diana clearly cannot intend to do with an unloaded gun.
3. False imprisonment
A tort is committed where the defendant intentionally causes the plaintiff’s
freedom of movement to be totally restrain without lawful justification. It is the person’s
unlawful confinement without his will. The most common modern example is wrongful
arrest by a police officer. The tort does not require incarceration as such and may be
committed by any unlawful detention as such compelling a person to remain in a field by
threatening him with a gun shot. This will also be an assault and the tort of assault and
battery may be committed while bringing about the false imprisonment.
For false imprisonment to be committed, the restraint must be total. A mere
impossibility to escape from a certain area against the person’s will is sufficient to constitute
false imprisonment wrong.
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However, the restraint will not be total if a person has a reasonable means of escape
such as a steeping through a ground flow window. If the means of escape involves danger, or
physical injury, then it will not be reasonable to expect a person to use it, for example,
climbing out of a first floor window.
Examples of false imprisonment:
 A man grabs hold of a woman’s elbow, and forces her to stay put, refusing to allow
her to leave until he says it’s okay.
 A police officer or security guard detains someone based on the fact that he “looks
suspicious,” but without any evidence he has done something wrong. For example, if
the officer thinks the person looks like a terrorist but cannot actually prove any
connection to terrorism, then that officer is probably liable for false imprisonment.
 A nurse forces a patient to take medication against his will, by making physical or
emotional threat.
Acts Considered False Imprisonment
Locking a person in a room without his consent
Taking hostages during a robbery
Holding something of great value to a person, with the intent of coercing him to stay
in a certain place
Physically detaining a person, preventing him from leaving
Detaining an employee for an unreasonable amount of time based on suspected theft
(except in cases of “shopkeeper’s privilege”)

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Medicating someone without his consent, in order to restrain him
Acts Not Considered False Imprisonment
Grabbing a person’s clothing or arm in a manner which allows the victim to free
himself without fear
A storekeeper or shop owner detaining a customer, for a reasonable amount of time,
for questioning based on probable cause that he took merchandise without paying for it
Asking a person not to leave, but allowing him the opportunity to leave through an
open door.
Trespass to land
Trespass to land occurs when a person intentionally enters someone
else’s property without permission. The only intent required for this claim, is the intent to
enter the property. So, even if your neighbors accidently cross from their property into
your lot, they can be liable for trespass.
Nuisance
The two types of nuisance are private nuisance and public nuisance. A public nuisanc
e is a criminal wrong; it is an act or omission that obstructs, damages, or inconveniences the
rights of the community.
Private Nuisance
A private nuisance is an interference with a person's enjoyment and use of his land. A
private nuisance is a civil wrong; it is the unreasonable, unwarranted, or unlawful use of
one's property in a manner that substantially interferes with the enjoyment or use of an
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other individual's property, without an actual Trespass or physical invasion to the land.
The law recognizes that landowners, or those in rightful possession of land, have the right to
the unimpaired condition of the property and to reasonable comfort and convenience in its oc
cupation.
Examples of private nuisances abound. Nuisances that interfere with the physical
condition of the land include vibration or blasting that damages a house; destruction of
crops; raising of a water table; or the pollution of soil, a stream, or an underground wa
ter supply.
Examples of nuisances interfering with the comfort, convenience, or health of an occu
pant are filthy odors, noxious gases, smoke, dust, loud noises, excessive light, or high tem
peratures. Moreover, a nuisance may also disturb an occupant's mental tranquility, such as a
neighbor who keeps a vicious dog, even though an injury is only threatened and has not actu
ally occurred.
An attractive nuisance is a danger likely to lure children onto a person's land. For exa
mple, an individual who has a pool on his property has a legal obligation to take reasonable p
recautions, such as erecting a fence, to prevent foreseeable injury to children.
Trespass is sometimes confused with nuisance, but the two are distinct. A trespass acti
on protects against an invasion of one's right to exclusive possession of land. If a landowner
drops a tree across her neighbor's boundary line she has committed a trespass; if her dog bark
s all night keeping the neighbor awake, she may be liable for nuisance.
Remedies
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Redress for nuisance is commonly monetary damages. An Injunction or abatement
may also be proper under certain circumstances. An injunction orders a defendant to stop, re
move, restrain, or restrict a nuisance or abandon plans for a threatened nuisance. In public nu
isance cases, a fine or sentence may be imposed, in addition to abatement or injunctive relief.
Injunction is a drastic remedy, used only when damage or the threat of damage is irrep
arable and not satisfactorily compensable only by monetary damages. The court examines th
e economic hardships to the parties and the interest of the public in allowing the continuation
of the enterprise.
A Self-Help
remedy, abatement by the plaintiff, is available under limited circumstances. This privilege
must be exercised within a reasonable time after learning of the nuisance and usually require
s notice to the defendant and the defendant's failure to act. Reasonable force may be used to
employ the abatement, and a plaintiff may be liable for unreasonable or unnecessary damage
s. For example, dead tree limbs extending dangerously over a neighbor's house may be remo
ved by the neighbor in danger, after notifying the offending landowner of the nuisance. In ca
ses where an immediate danger to health, property, or life exists, no notification is necessary.
4. Defamation
Defamation is the intentional communication (sometimes referred to as
publication) by the defendant to a third person of a false statement about the plaintiff
that causes harm to the reputation of the plaintiff resulting in damages. The
communication or publication can be in writing, which is called libel, or verbally,
which is called slander. A false statement may be published online or in the context of a
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social gathering. Libel occurs when someone writes or speaks about someone else without
their consent, and slander occurs when a person's reputation is damaged due to this
statement. Libel can be published in major media outlets, or made in social media or review
sites. The communication or publication must be false. It must also cause damage to plaintiff
by either lowering the plaintiff’s reputation or exposing the plaintiff to some form of hate,
contempt or ridicule. Defamation is an intentional tort to a person.
Examples of defamation include saying that someone is a psychopath (Psychopathy is
a neuropsychiatric disorder marked by deficient emotional responses, lack of empathy, and
poor behavioral controls, commonly resulting in persistent antisocial deviance and criminal
behaviour) or that they are cheating on their spouse.
Negligence
Negligence (Lat. negligentia) is a failure to exercise appropriate and/or ethical
ruled of care expected to be exercised amongst specified circumstances. The area of tort
law known as negligence involves harm caused by failing to act as a form of carelessness
possibly with extenuating or explanatory or justifying circumstances.
In its most general sense, the law of negligence obligates people to behave in a
manner within acceptable standards of safe conduct and a reasonable manner. It is
important to understand that legal negligence requirements can vary among different case
types and state statutes may define specific duties not recognized in other states. For
example, negligence in tort law is a distinct cause of action - and allows for a plaintiff to
seek the defendant compensate them after injury (both non-economic injuries and physical
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injury). Additionally, in a car crash some states recognize a legal duty for motorists to help
other people in need.
In many states, healthcare professionals are expected to uphold a certain standard of
care. It is their duty to maintain reasonable care - a failure to provide the standard of care
expected can lead to claims of negligence.
Facts of the case of Donoghue v Stevenson [1932] UKHL 100 is one of the
celebrated cases that must be mentioned when determining when a duty of care exist in
negligence. In law, there is no general duty to take care. If there were indeed a duty not to
cause damage to another carelessly, there would be no need to establish the existence of a
duty in each case, since this would be implied in all situations. In the case of Donoghue v.
Stevenson a manufacturer of a ginger beer sold ginger beer in an opaque bottle to a
retailer. A boy bought a bottle of the ginger beer from the retailer and treated his girlfriend
to its contents. The girl alleged that she suffered some injury as a result of seeing and
drinking the conterminated content of the beer manufactured by the defendant.
The ginger beer, in fact, contained decomposed remains of a snail. Since she had not,
himself, been in a contractual relationship with the proprietor she couldn’t sue him, and she
was forced to sue the respondent manufacturers of the ginger beer. The boy, on his part,
could not sue anyone because he did not suffer any injury.
Judgement of the court in Donoghue v Stevenson [1932] UKHL 100
The Scottish Court held that they could not find any legal connection between the girl
and the manufacturer. But, when the case got to the House of Lords, a majority of the court
held that the manufacturer owed her a duty to take care that the bottle did not contain
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noxious matter and that he would be liable if that duty was broken. Accordingly to Lord
Atkin:
“The rule that you are to love your neighbor becomes, in law, you must not injure your
neighbor; and the lawyer’s question, ‘who is why neighbor? Receives a restricted reply. You
must take reasonable care to avoid acts or omissions which you can reasonably foresee
would be likely to injure your neighbor. Who, then, in law is my neighbor?
The answer seems to be persons who are closely or directly affected by my acts that i
ought reasonably to have them in contemplation as being so affected when i am directing my
mind to the acts of omissions which are called in question.”
Analysis of the court’s decision in Donoghue v Stevenson
Following the decision of the court in Donoghue v Stevenson, a duty is owed
wherever it is foreseeable, in the circumstances, that if the defendant does not exercise due
care, he will harm the plaintiff. This is the neighborhood principle. Therefore, by holding
that the manufacturer owed a duty of care to the injured plaintiff, the court made tortuous
liability to exist in the absence of privity of contract.
The test is, thus, one of close relationship and the criterion is whether the likelihood of
injury ought to have been foreseen by the defendant. This proximity, foresight or
neighborhood test by Lord Atkin is tantamount to saying that there is a general duty of care
towards anyone who is foreseably likely to be injured by your carelessness.
Neighbor, as used here, is not restrictive but includes all who will be proximately or
closely affected by my actions. Thus, a consumer of tinned milk the United States is the
neighbor of the manufacturer in Nigeria, as the duty of care here is owed to the ultimate
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consumer. In Grant v Australian Knitting Mills Ltd [1936] A.C 85. 101 – 102 the Privy
council held that the defendant manufacturers were liable to the ultimate purchaser of the
underwear which they had manufactured and which contained a chemical that gave plaintiff
a skin disease when he wore them. Lord MacMillan in the case of Donoghue v
Stevenson also corroborated that the category of negligence are never close.
It is worthwhile to know that the neighborhood principle created by Lord Atkin has
been adopted in many countries of the world. For instance, in the Nigerian case
of Osemobor v Niger Biscuits Co. Ltd [1973]7 CCHCJ. 71, the plaintiff purchased a
packet of Biscuits manufactured by the defendant. While eating it, she felt something hard in
her mouth which turned out to be a decade tooth. As a result, she became ill and required
medical attention. The defendants were held liable in Negligence. The court stated that a
manufacturer, who intends his goods to be used or consumed by others is under a duty to
take reasonable care in their manufacture so that they can be used and consumed in a manner
intended without causing physical damage to person or property.
Proving negligence is the basis for holding a company or person legally responsible
after a careless action resulting in harm. It is the principle used for determining fault and
accountability for careless actions which result in injury. The U.S. legal system generally
recognizes a system of proof known as "The Five Elements of Negligence." In a trial where
negligence is a factor the courtroom is instructed to assess if the following elements have
been established before reaching a verdict: Duty, Breach of Duty, Cause in Fact, Proximate
Cause and Damages.
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In this guide we have defined what negligence is and shall be explaining each element
in detail and provide examples so you can see if applying them to your claim satisfies the
requirements.
Duty: A consideration in proving negligence is whether the defendant owed a duty to
the injured party. Many defined relationships require people to act in a certain manner. In
certain situations, people owe to another a duty of care. In order to establish negligence,
the first question in a court which must be answered is whether or not the person was
required to exercise reasonable care in the circumstances involved. In a suit, the judge is
empowered with deciding whether the defendant had a duty of care in the circumstances. If a
duty is found to be owed, the first element is established.
Breach of Duty: Failing to exercise reasonable care in fulfilling a determined duty
established as owed results in a breach of duty. This is not a determination of whether a duty
exists, rather a jury will determine whether the establish duty was not exercised.
Cause in Fact (Causation): The rules of negligence next require that the actions in
question caused the tort. In other words, did the alleged actions lead to the injury suffered
by the victim. The plaintiff would be required to prove the injuries sustained by the
defendant's negligent act caused the injuries leading to the legal action. Commonly the "But
For" rule is used to establish causation. Ask yourself whether the harm suffered would have
happened but for the actions of the target of your suit.
Proximate Cause: To determine legal responsibility you must establish the most
direct cause of the harm in question. In other words, what was the most direct action
responsible for the injuries. A plaintiff needs to be able to prove that the actions of the
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defendant are the closest cause of the injuries sustained. The act which caused the harm
should have been foreseen by the that would have resulted. For example: a party is not liable
for injuries sustained resulting from actions taken as a result of an initial causation - an
accident in the ambulance heading to the hospital would not have a proximate cause tied to
the car accident which caused the emergency services to be called initially.
Damages: Finally, the negligence laws require a legal harm to be proven. In other
words, a plaintiff in a negligence claim must show a harm was suffered in the form of
personal injury or property damage. If a defendant failed to exercise reasonable care in the
circumstances - but no harm was suffered - legal negligence is not established. Actual
damages to the person owed a duty of care must be established for a negligence claim to
have merit in a court of law.
Tort Remedies
A plaintiff who proves that a defendant has committed a tort may potentially recover
various types of monetary damages. For instance, a successful tort plaintiff may generally
recover compensatory damages, which attempt to make an injured plaintiff “whole.” To
illustrate, a defendant who negligently causes $3,000 in property damage may be required to
pay $3,000 in compensatory damages to the property owner.
A plaintiff may also recover noneconomic damages to compensate the plaintiff for
injuries- such as pain and suffering - may be more difficult to quantify. In exceptional
circumstances in which a defendant has engaged in particularly egregious behaviour, a
plaintiff may also recover punitive damages, that is, damages in excess of compensatory
damages that are solely intended to punish the defendant for his conduct. Notably, however,
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constitutional and statutory limitations may cap or otherwise restrict the amount and types of
damages that a plaintiff may recover.
7 Liability in Contract
We enter into contractual engagements daily, if not many times a day. Every business
organization, be it large or small, binds itself in bonds of contract with customers, suppliers
or employees in the conduct of its business operations. All these involve interactions of
contractual nature.
The law of contract is the most important branch of Mercantile Law. Without such a law
it would be difficult, if not impossible, to carry on any trade or business in a smooth manner.
The law of contract is applicable not only to business but also to all day-to-day personal
dealings. In fact, each one of us enter into a number of contracts from sunrise to sunset.
When a person buys a newspaper or rides a bus or purchases goods or gives his radio for
repairs or borrows a book from library, he is actually entering into a contract. All these
transactions are subject to the provisions of the law of contract.
For more on contract law, see Business Law notes.
6.3.2 Criminal Responsibility or Liability
A person who is mentally stable has reached the age of reasoning, is capable of telling
good from bad and choosing between the two or one with “moral liberty”, can usually be
considered “criminally responsible”. Criminal responsibility embodies the conditions under
which a person can be wholly or partially responsible for the commission of the crime or an
omission to act. By moral liberty is meant the “minimum ability of intellectual coherence,
normal power of determining one’s line of action [Ngachir 1980:8].
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When legitimate excuses are not present for crimes committed, it is incumbent upon the
criminal justice system to determine the intent that finally led to the offender’s action. Intent
is crucial in criminal law as an offender cannot be successfully pinned down for murder, for
example, without the prosecution providing that he or she had the intent to commit that
murder. Once there is enough evidence to show that there both criminal intent to commit a
specific crime and the actual act itself, one can confidently say that a crime has taken place.
Section 74 of the Cameroon penal code provides the legal base for criminal responsibility or
liability “this section provides four basic principles of criminal responsibility. It provides
thus;
“(1)No penalty maybe imposed except upon a person criminally responsible; (2)
Criminal law shall lie on him who that responsibility shall lie on him who intentionally
commits each of the ingredient acts or omissions of an offence with the intention of causing
the result which completes it;(3)Except as otherwise provided by law, no criminal
responsibility shall arise from the result, though intended of an omission; and (4)Except
otherwise stated by law, there shall no criminal responsibility unless section (2) of this
section has been satisfied: Provide that, responsibility intention to act, or to omit or to cause
the result.
From the strict point of view for there to be criminal responsibility, it requires that the
offender or author commit a fault (guilty) and that this fault be incriminated and punished.
Criminal responsibility requires the presence of 2 constitutive elements. In other words, a
crime or offence in penal or criminal law has two main elements of proof actus reus and
men rea. For one to be convicted of a crime there must be a combination of these two
constitutive elements.
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Actus reus (guilty act or the external element of a crime) consist of the conduct its
consequences and the circumstances under which the act was committed. It is the criminal
act, the physical element or guilty act that requires proof. This, there cannot be a crime if the
actus reus is absent. Where there is the benefit of doubt, it must be resolved in the suspect’s
favour. This is so because the court attaches importance to the maxim that everybody is
innocent in criminal matters until proven guilty by the prosecution. (see section 8 of the
Cameroon criminal procedure code) Civil matters lay the standard of proof on a balance of
probability where the burden of proof lies on the plaintiff.
Mens Rea is the mental element or the guilty mind. The guilty mind refers to the
offender’s state of mind at the time he or she commits the offence. Mens rea is also known as
the criminal intent. It is present when criminal act is executed willingly, knowingly and or
intentionally. The desire for the consequences is the basic factor of criminal intent. There is
no crime without the underlying intent or intention to commit it. Even where one is liable to
judge understand an individual’s action, every crime has its own mens rea. Again, to prove
mens rea, it must be shown that the suspect intentionally, deliberately, or negligently
behaved in the manner that caused the result.
6.4 The principle of personal responsibility and personality of sanctions.
The principle of personal or individual criminal responsibility or liability provides that
only persons that participate in the commission of an in the capacity as authors or accessories
are declared criminally responsible and thus suffers the penalties levied against them. This is
known as the principle of personal responsibility and the personality of sanctions or
penalties.
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The principle of the personality responsibility or individual responsibility is one of the
fundamental principles of the Cameroonian criminal law. This principle signifies or provides
that criminal responsibility can only result from the personal fault of an individual. In other
words, an individual can only be held criminally responsible due to his personal participation
in the commission of offence. Contrarily, he who does not personal participates or involves
in the commission of the offence as authors or accessories cannot be criminally responsible
and cannot be sentenced. In criminal law, the parents of a minor author of an offence or a
violent act cannot be criminally sanctioned for these acts, but maybe civilly liable for the
damages caused by their children. The principle equally provides that only persons declared
criminally responsible must suffer the consequences or penalties. Criminal law having a
personal character, it punishes only he who commits an offence. There is no collective
criminal responsibility, that is, where an act is committed by a group of individuals, they
punished individually for the act they commit.
6.4.1 The different types of participation in an offence leading to the attribution of
criminal responsibility
i. The offender
An offender can be defined as the author of an act. That is, any person who
participates in the commission of an offence. Generally, when we talk of offender, he is the
author of the offence, that is the individual who personally and willfully accomplished the
constitutive elements of an offence and who had the intention of violating a criminal law at
the moment of commission of the offence. From this definition, we can distinguish a
material and intellectual from a direct and intellectual offender from a direct and indirect
offender
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- material offender is an individual who accomplishes the constitutive elements or the
material act of an offence. For example, he who pulls the trigger is the material offender.
Thus the material offender is the agent of execution.
- An intellectual offender also called a moral offender or instigator is a person who
causes or instigates the material author to commit an offence. That is a person who
influences the material author to commit an offence. Thus, he does not execute the
material or the constitutive act of the offence but he is the brain or intellectual cause of
the commission of the offence by the material author or offender. Example, an employer
who commissions his worker to steal.
An indirect author or offender is a person who is the source of the offence committed
by the direct or material offender. That is, he is the origin of the offence example, harm
caused to an individual because of the fault of another person. Also a person who does not
prevent the commission of an offence who he has the possibility of doing so. A master or a
car owner who instructs or orders his driver to make a wrong move or to overtake thereby
causing an accident is an indirect offender.
i. The co-offender or the co-author
A co-offender is a person who after knowing the cause of an action, participates in the
commission of an offence. According to section 96 of the Cameroon penal code, co-offender
is a person who in agreement with another takes part with him in the commission of an
offence.
ii. The Accessory (Section 97 Cameroon Penal Code)
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There are circumstances where the author or offender of an offence does not act alone but
however seeks the assistance of one or several persons. In such a case, we talk of a collective
offence. According to section 96 of the Cameroon penal code, an accessory is a person who
abates the commission of a felony or misdemeanour.
iii. Accessory after the fact
This offence is committed after the execution or commission of the principal offence.
Thus, it is a form of participation in an offence after the offence has already has been
committed or consumed. By the provision of section 100 of the Cameroon penal code, an
accessory after the fact is a person who after the commission of a felony or a misdemeanour
shelters an offender or his accessories from arrest or from investigation or who has custody
of anything taken or misappropriated or otherwise obtained by means of the offence.
iv. Conspirator (Conspiracy Section 95)
A conspirator just like an offender, co-offender and an accessory can be criminally
responsible for an offence. According to section 95 of the Cameroon penal code, conspiracy
shall mean a resolution concerted and determined between two or more persons to commit
an offence. Thus conspiracy requires a collective resolution to commit an offence. This
resolution is manifested by the definition or fixing of the date for the commission of the
offence. The role of each conspirator in the execution of the offence, likewise the means to
be used to commit the offence.
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CHAPTER 7
JUDICIAL ORGANIZATION IN CAMEROON (COURTS & COMPETENCE)
7.0 The courts and their jurisdictions
What is a court?
A court is any person or institution, often as a government institution, with the authority
to adjudicate legal disputes between parties and carry out the administration of justice in
civil, criminal, and administrative matters in accordance with the rule of law.
What is jurisdiction?
The official power to make legal decisions and judgements: e.g. "The English court had
no jurisdiction over the defendants." Or it is the extent of the power to make legal decisions
and judgements: e.g. "The claim will be within the jurisdiction of the industrial tribunal."
And the territory or sphere of activity over which the legal authority of a court or other
institution extends.
“Jurisdiction” in these notes means the power of a court to try criminal cases, that is to
say the court’s power to inquire into and determine whether or not a person is guilty of a
crime and to impose punishment on him if he is found to be guilty.
In Cameroon these courts have been provided by the Cameroon Criminal
Procedure Code (CCPC) in its Section 288 where it defines trial court as a legal body
responsible for hearing and determining any matters brought before it in compliance
with the law and where applicable, pronouncing the penalty or measure provided for
by law. The Criminal Procedure Codes considers the following Courts as ordinary courts of
law
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- The Court of First Instance
- The High Court;
- The Court of Appeal, and
- The Supreme Court
No mention is made of special criminal courts such as the Court of Impeachment,
Military Tribunal, State Security Court, the Special Criminal Court and the Constitutional
Council. Likewise, the composition of the ordinary criminal courts is not addressed by the
CPC.
Criminal jurisdiction in Cameroon can be classified under two broad categories, namely,
Courts of General Criminal Jurisdiction and Courts of Special Criminal Jurisdiction. The
former could be broken into two; Courts with original jurisdiction and courts with appellate
jurisdiction. Falling within the bracket of courts with original jurisdiction are; the Court of
First Instance and the High Courts. Courts with appellate jurisdiction will include; the
Regional Courts of Appeal and the Supreme Court. Under Courts of Special Jurisdiction, we
have the Military Tribunals, the Court of Impeachment, the State Security Court, the Special
Criminal Court and the Constitutional Council.
Cameroon consists of 10 regions (regions), 58 divisions or departments (départements),
and 360 districts (arrondissements). More than 370 local councils govern 360 municipalities
and 14 cities. Two of the country’s 10 regions, the Northwest and Southwest Region, are
English speaking and contain around 17 percent of the country’s population. The remaining
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regions are French speaking.9 This can be reflected in the legal system too, Common Law
and Civil Law.
7.1 Courts with Original Jurisdiction
These are courts which hear and determine matters for the first time. Under this category
we have the Court of First Instance and High Courts.
7.1.1 Customary Courts
It should be noted that one of the courts with original jurisdiction is the Customary
Courts, found in every village or tribe as territorial competence and customary courts
have civil jurisdiction in customary marriages, divorce, custody, succession and
inheritance, applying the local customs and traditions of the districts in which they
operate. They can only entertain matters for which the claim does not exceed 69,200
CFA. Concerning unregistered land, in consonance with the Land Consultative Board,
etc.
7.1.2 Court of First Instance (Magistrate Court)
The Court of First Instance is the new name for what is known in Anglophone
Cameroon as “Magistrates” Court. The Court of First Instance is a trial Court as provided in
Section 289 of the Cameroon Criminal Procedure. The organization or composition of the
CFI has been provided for by Law No 2006/015 of 29 December 2006 (as amended and
supplemented by certain provisions of Law No. 2011/027 of 14 December 2011) on Judicial
Organization in Cameroon. In principle, there is a Court of First Instance for each Sub-
Division. However, for service purposes, its area of jurisdiction may cover several sub-
9 Eleonora Fallwickl, et al. (April 30th, 2021), EDUCATION SYSTEM PROFILES, available at
https://wenr.wes.org/2021/04/education-in-cameroon , accessed on 20th November, 2021.
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divisions, by degree of the President of the Republic. The court of First Instance shall be
situated in the chief town of the sub-division. However, the Court may also hear matters
outside it seats. Such hearings shall be referred to as “circuit courts”. (See Section 13 of the
2006 Law). All existing Court of First Instance have a president. But only a few have in
addition a “judge” and a state council. The court of First Instance is not a collegiate court
though in labour matters the presiding magistrate sits with two assessors.
Organization of the CFI
The CFI shall be organized into:
- Benches
- General assembly
The Court shall comprise the following:
- One or more benches for civil matters;
- One or more benches for commercial matters
- One or more benches for labour matters;
- One or more benches for misdemeanour or simple matters;
- One or more benches for minors
The General Assembly shall be composed of the legal and judicial officers working in the
CFI as well as the Registrar-in-Chief of the Court. It shall have an advisory capacity and a
judicial jurisdiction where provided by the law.
Composition of the Court of First Instance
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The Court of First Instance is composed of:
a. At the bench
- A president
- One or more magistrates
a. For the preliminary inquiry
- One or more Examining Magistrates;
- One or more Registrars.
b. For the Legal Department
- A State Counsel;
- One or more Deputy State Counsel
Cases brought before the court of First Instance are heard and determined by a single
Judicial Officer. However, the president of the courts may by his own motion or on the
application of the Legal Department or that of the party, order that a matter be heard by a
collegiate bench of three members. In labour matters, the Court of First Instance shall be
composed in accordance with the provisions of the Labour Code.
Competence of the Court of First Instance
The jurisdiction of Court of First Instance is both civil and criminal. In criminal matters, it
tries all offences classified as misdemeanours or simple offence and not felonies. A
misdemeanour is defined as an offence punishable with loss of liberty or with fine where the
loss of liberty may be for more than ten days but not for more than ten years and the fine,
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more than 25.000 F.CFA. A simple offence is defined as an offence punishable with
imprisonment for up to ten days or with a fine of up to 25.000 FCFA. The criminal
jurisdiction of the Court of First Instance (CFI) also includes that of juvenile
delinquency. Where a CFI tries a simple offence, it will as well apply the same procedural
rules as in the case of misdemeanours, with the exception of those rules applicable to
misdemeanours committed flagrant delicto. It hears applications for bail lodged by
persons detained or charged with criminal offences within its jurisdiction. Before the
coming in to force of Ordinance No. 72/04 of 26/08/1972 (24(3) and (4) as amended by
Ordinance No. 72/12 of 19/10/1972, the power to grant bail was reserved for the judiciary,
that is, a judicial function. With the coming into force of these Ordinances as well as Law
No. 89/19 of 29/12/1989, the power to grant bail was exercised concurrently by the judiciary
and the legal department. This is not the position of the law under the 2006 Law and the new
Criminal Procedure Code of Cameroon which distinguishes between unconditional (self) bail
and conditional bail. This is because the Examining Magistrate who shares prerogative with
the Court Judge, is considered as member of the bench. It also tries felonies committed by
minors with adult co-offenders or accessories.
The court of First Instance has jurisdiction in civil, commercial, and labour matters
where the amount of the action does not exceed 10.000.000 (ten million) FCFA.
However, where civil claims are tried jointly with a criminal action, the monetary
jurisdictional limit needs not be respected. This court is competent to rule on matters
concerning urgent orders such as injunctions and orders on ex-parte motions and to
entertain actions for the recovery of commercial debts through simplified procedures.
It should be noted that such a procedure is of French origin. It is non-contentious and takes
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place in chambers. By it, a creditor with sufficient proof of being owed any sum of money
may seize the magistrate in chambers of his claim. There is no formality of written statement
of claim. If the magistrate is satisfied that there is sufficient evidence to prove that a debt is
actually owed, he will immediately give judgement for the creditor. The judgment is
accompanied by an order that the judgement-debtor pays the amount owed within eight days,
failure of which his property will be seized by the “huissier de justice” (bailiff) and the
proceeds thereof paid over to the judgement-creditor. Decisions of the Court of First Instance
are appealable to the Court of Appeal.
7.1.3 High Courts (HC)
The High Court (HC) shall be established for each Division. However, for services
purpose, its area of jurisdiction may cover several Division by Decree of the President of the
Republic. The High Court shall be situated in the chief town of the Division. However, it
may hear matters outside its seat (S. 16(1) of the 2006 law). Such hearings shall be referred
to as “circuit courts
Organization of the HC
The HC shall be organized into:
- Benches;
- General Assembly;
The Court shall comprise the following:
- One or more benches for civil matters;
- One or more benches for commercial matters;

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- One or more benches for criminal matters;
The president of the court of appeal may, by order and considering service needs merge
two or more benches.
Like in the Court of First Instance, the General Assembly of the High Court shall be
composed of all the legal and judicial officers working in that court as well as its
Registrar-in-Chief. It shall have an advisory capacity and a judicial jurisdiction where
provided by the law.
Composition of the High Court
By section 17(1) of the 2006 Law, the High Court is composed of:
a) At the bench
- A president;
- one or more judges;
- one Registrar-in-Chief;
- Registrars
a) For the preliminary inquiry
- one or more Examining Magistrates;
- one or more Registrars.
b) At the Legal Department
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- one State Counsel;
- one or more Deputy State Counsels.
Competence of the High Court
- In criminal matters, the High Court has original jurisdiction to hear and try felonies, and
where applicable, related misdemeanours and simple offence.
- It also hears and determines applications for bail lodged by persons detained or
charged with criminal offences within its jurisdiction.
- Civil, commercial or labour suits in which the claim is more than 10.000.000 F.CF is
tried by the High Court.
- The court is also competent to try action and proceedings relating to the status of
persons, civil status, marriage, divorce and affiliation.
By S. 16(1) of the judicial organization ordinance, the High Court has jurisdiction to issue
orders of mandamus, (An order commanding any person(s) or authority to do or perform
any act which he is required to do by law), prohibition, (An order prohibiting any person(s)
or authority from doing or performing any act in respect of which he is not entitled or
competent to do by law), habeas corpus (Application for the immediate release lodged by or
made on behalf of persons taken in charge or detained illegally or without warrant) and
certiorari restraining excess and abuses of jurisdiction by inferior courts and public
officials.
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7.2 Courts with Appellate Jurisdiction
These are courts which review the decisions of lower courts base on applications
from litigants claiming a miscarriage of justice in their rulings or judgments. Every
judgement including that delivered by the military Court shall be subject to appeal, unless
otherwise provided by the law. (see Section 436 CCPC). The Regional Courts of Appeal and
the Supreme Court have appellate jurisdiction.
7.2.1 The Regional Courts of Appeal
Each region in Cameroon has a Court of Appeal which is located in the
headquarters of the region. However, for services purposes, the area of jurisdiction of the
Appeal Courts may cover several regions, by degree of the President of the Republic. The
Court of Appeal’s jurisdiction is exclusively appellate. The Court of Appeal shall be situated
in the chief town of the Region. See section 19 of the 2006 Law.
Composition of the Courts of Appeal
By Section 20(1) of 2006 law, the Court of Appeal shall be composed of:
a) At the bench:
- A president;
- One or more vice President;
- One or more Judges
- One Registrar-in-Chief;
- Registrars
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a) At the Legal Department:
- A procureur General
- One or more Advocates General;
- One or more Deputies of the Procureur General
- One or more Legal Assistances to the Procureur General’s Chambers;
Section 20(2)(a) of 2006 Law provides that the Court of Appeal shall be organized
into
- Benches and
- The General Assembly.
It shall be composed depending on the needs of the service, of:
- One or more benches for motions and urgent applications;
- One or more benches for disputes relating to the enforcement of decisions;
- One or more benches for civil and commercial matters;
- One or more benches for traditional law matters;
- One or more benches for felonies;
- One or more benches for misdemeanour and simple offence;
- One or more benches for inquiry control.
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The president of the Court of Appeal may by an order merge two or more benches.
The General Assembly shall be composed of judicial officers working at the court of Appeal
as well as the Registrar-in-chief. It shall have the judicial jurisdiction and advisory capacity.
All cases falling within the jurisdiction of the Court of Appeal shall be heard by three
judicial officers who are members of the said court.
Competence of the Court of Appeal
The Court of Appeal has jurisdiction to hear;
- Appeal against judgments delivered by courts, with the exception of those delivered by
the Supreme Court and the Court of Appeal itself;
- Appeal against the rulings of the Examining Magistrate;
- Disputes in connection with the execution of its decisions;
- All other matters provided for by the law. See section 22 of the 2006 Law.
7.2.2 Supreme Court
It is the highest judicial body in Cameroon as defined in Article V of the
Constitution of Cameroon, the Supreme Court is above the Court of Appeal and the
tribunals. It has it seat in Yaoundé. It has jurisdiction all over the national territory. The
Supreme Court as an appellate court comprises three parts or benches; the judicial bench,
the administrative bench and the audit bench.
The Judicial Bench: Appeals from the 10 courts of Appeal go to the Judicial Bench. These
appeals are on civil, criminal, labour and customary law cases. Appeals in commercial
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matters from the courts of Appeal are heard by the Joint Court of Justice and Arbitration in
Abidjan and not by the Supreme Court.
The administrative Bench: It examines all administrative disputes, (from the lower
courts of administrative litigation) that is, litigation involving the state, local authorities
and public corporations. It hears appeals against decisions in disputes relating to
regional and council elections. (See S. 40 of the Cameroon Constitution) Administrative
litigation also includes; petitions for cancellation of acts on the grounds of ultra vires,
claims for loss caused by an administrative measure, dispute concerning state lands,
administrative trespass on private lands, and arbitrary step by the administration
against liberty and property. (Section 9 of Ordinance No. 72/6 of 26 August 1972 on the
organization of the Supreme Court, as amended by Ord. No.76/28 of 14 December 1976).
The Audit Bench: It controls and rules on the accounts of State, public and semi-public
enterprises. It also gives final judgment on the decisions of Lower Audit Courts. It also
examines any other matters expressly devolving upon it by law. It has been submitted that it
is not exactly clear how under Section 41 of the constitution, the Supreme Court which is a
court of law, will “control and rule on public accounts, as well as on those of public and
semi-public enterprises”. In fact, by Law No. 2003/005 of 21 April 2003 on the jurisdiction,
organization and functioning of the Audit Bench of the Supreme Court, the Audit Bench
shall be competent to control and rule on the accounts produced by certified public
accountants, declare and check accounts produced by de facto accountants, inflict fines
in accordance with the laid down procedure and give final rulings on appeals lodged
against final judgement passed by lower Audit Courts.
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Before the entry into force of the new CCPC, the Supreme Court did not examine
cases on merits, that is, it did not review the facts of the cases. Today, the new code gives it
the power to do so.
7.3. Courts of Special Criminal Jurisdiction
A court of special jurisdiction is one which deals either with specific matters formally
provided for by statute or with a particular class of persons. Falling within this category;
the Court of Impeachment; the Military Tribunals; the State Security Court, special criminal
court and the Constitutional Council and the Consultative Board.
7.3.1 The Court of Impeachment
The Court of Impeachment is referred to in part VIII of the Constitution. According to
article 52(1) of the Constitution, the Court of Impeachment has jurisdiction to try the
President of the Republic for high treason and the Prime Minister, members of
Government and persons of that rank to whom powers have been delegated under
Articles 10 and 12 of the Constitution, for conspiracy against the security of the state,
with respect to any acts committed by them in the discharge of their functions.
The Court of Impeachment was created and organized by ordinance No. 72/7 of 26
August, 1972. The court sits in Yaoundé and operates on the budget of the National
Assembly which elects the judges of the court. The court is competent to try only cases of
“high treason” committed by the President of the Republic, and cases of “conspiracy against
the security of the state” committed by the Prime Minister and other members of
Government.
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Treason simply means treachery, betrayal, while “high treason” is probably any
offence against the security of the state. Treason in an offence against the external security of
the state committed by a citizen and carrying the death penalty. See S.102 and 103 of the
Penal Code
The President of the Republic shall be indicted only by the National Assembly and the
Senate deciding through an identical vote by open ballot and by four fifth (4/5) majority of
their members.
By conspiracy against state security is meant any felony or misdemeanour against the
internal or external security of the state as defined in the Cameroon Penal Code. Such
offences include, subversion, hostility against the fatherland, injury to the defence of the
nation, failure to report any activity liable to injure the defence of the nation,
espionage, contact with the enemy during wartime, secession, civil war, revolution,
insurrection and so on. The Court of Impeachment has jurisdiction to try the Prime Minister
or any other member of Government who conspires in the commission of any of these
offences.
All proceedings of the Court of Impeachment must be held in open court, though
exceptionally, proceedings, or parts thereof, may be held in camera. An accused may be tried
and sentenced in abstentia.
7.3.2 Military Court or Tribunal
The Military Court is governed by Law No. 2008/015 of 29 December 2008, revised by
Law No. 2017/012 of 12 July, 2017 to lay down the Military Code or Tribunal to
organize military justice and lay down rules of procedure applicable before military
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tribunals. Section 2 of the law makes Military Tribunals special jurisdiction court. Section 3
provides that Military Tribunals shall be setup in each Region, but depending on
service needs, the Head of State may by Decree set up more than one tribunals within
the same region or extend the area of jurisdiction of a tribunal to several regions. The
seat of the Military Tribunal shall be at the headquarters of the region but the tribunal may
hear matters outside its seat. Such hearings are referred to as “circuit hearings”.
The Yaoundé Military Tribunal may in the event of exceptional circumstances such as
specified in Article 9 of the Constitution (state of emergency and state of siege) which
constitute serious threat to public order, state security or terrorism, exercise its powers
throughout the national territory. For instance, some years back when a state of
emergency was declared in the then North West Province, some people were arrested,
detained in Bamenda and later transferred to Yaoundé for trial in the Military Tribunal.
Composition of the Military Tribunal
The Military Tribunal shall comprise of :
a) At the Bench:
-A President
- One or several Vice Presidents
- Two Assessors-In-Chief
- One or several Registrars
b) For Preliminary Inquiry
- One or several Examining Magistrates
- One or several Inquiry Registrars
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c) At the Legal Department
- A State Prosecutor
- One or several Registrars
In criminal proceedings, any case that falls within the competence of the military
tribunal shall be tried by the courts sitting as a collegiate bench. The collegiate bench shall
be composed of the president and two assessors.
Misdemeanours and minor offences shall be tried by the President or a Vice President
but the court may by an interlocutory decision of its own motion or at the request of the State
Prosecutor, rule that a misdemeanour of minor offence be tried by a collegiate bench
Competence of the Military Tribunal
As a special court, the Military Tribunal deals with only a limited category of cases. In
fact, Section 7 of the 2008 Law is to the effect that the Military Tribunal shall have
exclusive jurisdiction to the following types of cases involving persons of at least 18
years of age:
- Military offences provided for by the Code of Military Justice;
- Any offence committed by servicemen, with or without civil co-offenders or
accomplices, in a military establishment or in the exercise of their duties;
- Offences against the law relating to offensive and defensive weapons, and to theft
committed with the aid of firearm;
- Any offences involving a serviceman or any person considered as such, committed in
times of war or in a region under a state of emergency or emergency measures;
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- Any offences committed by civilians in a military establishment causing damage to
military equipment or installations, or prejudicial to the physical integrity or a
serviceman;
- All offences relating to the purchase, sale, production, distribution, wearing or keeping
of military effects or insignia as defined by military regulations;
- All offences related to those specified above.
By the provisions of Sections 8 and 9, Minors aged between 14 and 18 who commit or
are accomplices of the offences falling within the competence of the military tribunal shall
be tried by ordinary law courts.
Foreigners who commit or are accomplices of offences falling within the competence
of the military tribunal shall, subject to international conventions that provide for an
exemption from jurisdiction or rules relating to diplomatic immunities, be under the
jurisdiction of the military tribunal.
The procedure applicable before the military tribunal shall be the ordinary law
procedure, subject to special provisions provided for by this law
Matters shall be referred to the military tribunal in the following manner:
- By a direct judgment order of the Minister in Charge of Military Justice;
- By a committal order of the Examining Magistrate;
- By a committal order of the inquiry control bench of the Court of Appeal.
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Claims for damages shall be entertained at any time during proceedings until the conclusion
of the proceedings. It shall be done by written submissions or oral declaration. The flagrante
delicto procedure shall not apply before the military tribunal.
Judgments of the military tribunal shall:
-Be deliver immediately or within 15 days of the conclusion of proceedings, where the
hearing takes place at the seat of the court, and 30 days in circuit court
-Be written before they are delivered
- Set out the reasons upon which they are based in fact and in law, under pain of being null
and void.
Judgments of the military tribunal shall be subject to application to set aside or appeal.
The form and time-limits of application to set aside and appeal shall be those of ordinary
law. Appeals against judgments shall be brought before the competent court of appeal.
7.3.3 The State Security Court
This court has been set up by law No. 90/060 of 19 December 1990. The State Security
Court. Is composed of a president, who is a magistrate of the judiciary, six permanent
assessors having a deliberative voice, including two magistrate of the judiciary, two military
magistrates, and two officials designated by the President of the Republic, six deputy
assessors, a procureur General assisted by one or more deputies, one or more registrars. The
court has jurisdiction over the entire territory in Cameroon. It sits in Yaoundé, but may, by
decision of the President of the Republic or the Minister in charge of Justice (who must be
delegated), conducts its hearings in any other locality. The court has exclusive jurisdiction
to try felonies and misdemeanours against the internal security of the state and related
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offences. But does not try persons below the age of 14. The Legal Department at the State
Security Court is appointed by the Procureur General (the Public Prosecutor) who at the
same time is in charge of investigation and gathering of information of an offence in which a
minor is involved.
The procedure applicable to proceedings and judgements before the State Security Court
shall be that applicable before the Court of First Instance sitting in matters of summary
jurisdiction.
The rulings of the court shall not be subject to any appeal except before the
Supreme Court on a point of law within 10 days following the day it is made. Judgment
delivered by default may be appealed against within 5 days following their notification or
their being serves on the persons or at his residence. Any motion of appeal lodged in the
registry may not be registered or forwarded. The registry here is that of the Court of Appeal
in Yaoundé. Claims for damages shall not be admissible before the State Security Court.
7.3.4 The Special Criminal Court
The Cameroon Special Criminal Court (SCC) is created under law N° 2011/028 of 3
December 2011, creating the Special Criminal Court. This was subsequently amended by
law No. 2012/011 of 06 July 2012. The creation of this court was aimed at fighting against
embezzlement of public property, to ensure speed in judicial proceedings and the restitution
of the property. It has changed the Penal Code punishment for misappropriation of
public property. The Penal code in its section 184 and 35 call for punishment and
confiscation of offence related property and the Special Criminal Court’s creation in section
18 calls for restitution and nolle prosequi.
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The Special Criminal Court (SCC) is created to fight against corruption and
misappropriation of public property. Embezzlement of public fund in Cameroon has been so
rampant. Cameroon has been topping the lists of the most corrupt countries in the world for some time.
This court tries only embezzlement of public property where the loss is above fifty
million (50 000 000) FCFA.
Composition of the court
The special Criminal Court is composed of;
a. At the Bench.
- The President;
- One or more Vice-Presidents;
- One or more Judges;
a. At the Legal Department
- One more Advocates General;
- One or more Deputy Procureur General
There is a specialized corp of judicial police officers placed under the control of the State
Counsel that has the responsibility of investigating and carrying out rogatory commissions.
b. At the registry
- Registrar-in Chief;
- One or more Section Heads;
- One or more Registrars working with the Examining Magistrate

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Jurisdiction and attributions of the Court
The Court has its seat in Yaoundé but it has a nationwide jurisdiction. It sits in a panel to
hear and determine matters referred to it.
Court shall be competent to hear and determine matters of misappropriation of public
property and related offences where the value of the loss is at least fifty million 50,000,000)
francs CFA as provided for by the Penal Code and International Conventions ratified by Cameroon.
However, where the loss is below FCFA 50 million, the Procureur General of the Special
Criminal Court may transfer the case file to the competent Procureur General be it of the
Court of First Instance or of the High Court. It is of note that offences of misappropriation of
public property are not exclusive before the Special Criminal Court. The Court of First
Instance or High Court shall also hear matters of misappropriation of Public property and-related
offences as provided for by the Penal Code and International Conventions ratified by Cameroon,
where the value of the loss is below fifty million (50,000,000) francs CFA.
With regards to the decisions of the SCC, it shall have original jurisdiction and an appeal
against its decisions shall lie exclusively before the Supreme Court. An appeal shall be filed
within forty-eight (48) hours after the judgement is delivered or on notification of the default
judgment on the defaulting party.
7.3.5 The Constitutional Council
The Constitutional council is one of the newest institutions created by Law No. 96/06 of
18th January 1996 of constitutional revision of 2nd June 1972 (modified by the Law No.
2008/001 of April 14, 2008). In Section 46, the Constitution defines the said institution as
the competent authority as regards constitutional matters; it shall rule on the

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constitutionality of laws; be the organ regulating the functioning of state institutions.
Section 47 (1) stipulates that the Constitutional Council shall give final rulings on:
- constitutionality of Laws, treaties and international agreement;
- The constitutionality of the standing orders of the National Assembly and the Senate prior
to their implementation;
- Conflict of powers between state institutions, between the state and Regions, and between
the Regions
The Constitutional Council shall ensure the regularity of the Presidential elections,
Parliamentary elections and referendum operations. It shall proclaim the results thereof. It
shall also give advisory opinion on the interpretation of the Constitution and the electoral
law.
Rulings of the Constitutional Council shall not be subject to appeal. They shall be
binding on all public, administrative, military and judicial authorities, as well as on all
natural persons and corporate bodies. A provision that has been declared unconstitutional
may not be enacted or implemented. See S. 50 of the Cameroon Constitution
By Section 7 of Law No. 2004/004 of 21 April 2004 to lay down the organization and
functioning of the Constitutional Council as amended and supplemented by law No.
2012/015 of 21 December 2012, the court is made up of 11 members appointed for a 6-year
mandate which is renewable: 3 appointed by the President of the Republic; 3 are appointed
by the President of the National Assembly; 3 by the President of the Senate and 2 by the
High Judicial Council. Former Heads of state shall become ex-officio members, while a
Secretary General shall head the General Secretariat where a petition signed by the petitioner
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shall be lodged with an acknowledgement of receipt. As soon as the Constitutional Court is
put in place, matters pending before the Supreme Court and falling within its jurisdiction
shall be transferred to it.
7.3.5 The Land Consultative Board:
It is found in sub-divisions and has competent to handle cases concerning unregistered lands
and make recommendations of the grant of lands.
7.4 PERSONNEL IN THE ADMINISTRATION OF JUSTICE IN CAMEROON
(WHO IS DOING WHAT IN THE CAMEROON JUDICIAL SYSTEM?)
1) Magistrates:
They perform different functions. There are presiding Magistrates and judges, Examining
magistrates, State counsel and Procureur General.
a) Presiding Magistrates / Judges:
These magistrates act as referees between parties in matters brought before them. They sit in
court, hear matters and take decisions on them. In the courts of first instance, these
magistrates are called presiding magistrates. In the High Courts and Higher Courts, they are
called Judges.
b) Examining Magistrates: These are magistrates who carry out criminal investigations
(preliminary inquiry) in felonious offences, all offences committed by persons below 18
years and in some misdemeanours. Anyone may decide not to lodge a complaint with the
judicial police officer but instead lodge a complaint directly with the Examining Magistrate.
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Examining Magistrates are found in the courts of First Instance, High Courts and Military
Courts.
The preliminary inquiry is not open to the public. Only parties involved in the inquiry are
allowed to attend the inquiry. However, the Examining Magistrates may at their discretion
allow any other person to attend the inquiry.
a) State Counsel:
These Magistrates are in charge of enforcing laws, regulations and judgments and control
criminal investigations and prosecution in their geographical area of competence. In the
execution of their functions, the State Counsel amongst other things receive complaints,
issue warrants of arrest, search warrants and control Judicial Police cells to make sure
that suspects are detained in respect of the Law. They are the Bosses of Judicial police
officers in their area of competence as far as criminal investigations are concerned.
State counsel are assisted by deputy State Counsels. The office of the State Counsel is called
the State Counsel’s Chambers.
b) Procureur General:
Each of the 10 Regions in Cameroon has a Procureur General. His or her office is called the
Procureur General’s Chambers. The Procureur General is in charge of the enforcement of
laws, regulations and judgments and oversees criminal investigations in his region. He is the
boss of all the State Counsel in his region.
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The Procureur General is assisted in his job by the Advocate General and the Substitute
General. The State Counsel’s Chambers and the Procureur General’s chambers are both
referred to as the Legal Department.
1) Registrars:
They receive and direct the public to the various services of the courts and Legal Department
as well as other judicial services. They act as clerks of court during trials and registrars in
attendance at preliminary inquiries. They keep registers.
Function of the court registrar
-He is the custodian of all originals of court judgments
– He or she takes down minutes in courts during courts sessions
– He or She keeps and preserve exhibit tendered before the court
– He or She plays the role of the store accountant by receiving payments on behave of the
court.
-He or She call up cases from the case list
2) Judicial Police Officers:
They consist of police, gendarmes (Note should be taken here that not all police and
gendarmerie staff are judicial police officers. Only those empowered by law to investigate
offences are judicial police officers) and staff of certain departments (e.g. the Ministry of
Environment and Nature Protection, the Ministry of Forestry and Wild Life etc) who are
empowered by the law to carry out investigations in criminal matters.
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Function of the judicial police
 The auxiliary of the state council
 They investigate offences
 They collect evidence
 The identify and bring the offender before the state council
 They also play the role of a process saver like the bailiff
 They receive complains from the general public10
3) Bailiffs:
They are officers in charge of serving court processes like summonses. They are also in
charge of the execution of decisions of the court. They also draw up reports on events.
Function of the Bailiff
-He is a process saver
– He ensures that court judgements are well executed
-He carries out auction sales of seized properties in the public
4) Notaries:
They are in charge of drawing up deeds e.g. for the sale of landed property. In the South
West and North West Regions, lawyers in addition to their other functions act as notaries.
5) Lawyers:
10 JUDICIAL ORGANIZATION IN CAMEROON, https://www.researchkey.net/judicial-organization-in-cameroon/. Accessed on the

30th May, 2022.
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They advise, assist or represent their clients. They ensure their defense. The client can be:
• an accused in a criminal case
• the victim of an offence
• a person instituting a civil matter
• a person defending a civil matter
• or anybody in need of legal advice
The lawyer exercises a liberal profession. The resort to a lawyer is not obligatory. It all
depends on the litigant. The lawyer is paid by his client. However in certain cases the state
pays the lawyer on behalf of the litigant.
Legal or judicial Aid in Cameroon
Generally in criminal or civil matters, where a person is too poor to afford a lawyer, he can
apply to the Legal Aid Commission for a lawyer to be appointed to represent his interest.
The Legal Aid Commission will only grant the application in fit cases as required by law.
However, the appointment of a lawyer for the accused person by the judge is mandatory in
criminal cases where a person is charged with an offence punishable with life imprisonment
or death and cannot pay a lawyer to defend him. Where an accused is below 18 years and has
no lawyer, the presiding magistrate or judge must assign one to him or her. The appointed
lawyer is paid by the State.
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CHAPTER 8
FAMILY LAW AND LAW OF PERSONS
Family law as a subject governs the relationship between husband and wife on the one
hand and on the other hand between parents and their children. The law that governs family
relationship is Ordinance N0. 2011/011 of 6th May, 2011 which revised the 1981 Ordinance
on Civil Statute Registration Ordinance.
Functions of a family
The main functions of family is:
-Sexual intercourse (sexual intercourse is the act of sexual procreation11 between a man
and a woman; the man’s penis is inserted into the woman’s vagina and excited until orgasm12
and ejaculation occur). When is sexual intercourse said to have been completed?
-Reproductive,
-Economic,
-Educational,
-Socialisation of children
-Affective nurturing (love)
-Production, consummation and distribution of goods and services,
-Physical maintenance and care of family members, etc.
11 Procreation is the sexual activity of conceiving and bearing offspring.

12 Orgasm is the moment of intense pleasure in sexual intercourse.
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Sources of Family Law are the received English and French Law, Received Nigerian
Law and local Legislation like the 2011 Civil Statute Registration Ordinance.
Courts competent to handle Family Law Matters is the High Court.
Marriage
Definition of Marriage
The classic legal definition of marriage can be found in Hyde v Hyde and Woodmansee,
(1866) L. R. 8 D. 130 where Lord Penzance defined marriage as the ‘voluntary union for
life of one man and one woman, to the exclusion of all others’. This has been enshrined in
the Matrimonial Causes Act (MCA) 1973 s.11(c), where a marriage is void when the parties
are not respectively male and female. This has also been re-affirmed by the House of Lords
(HL) in Ghaidan v Godin-Mendoza, where Lord Millet stated that in a marriage, ‘a man’s
spouse must be a woman; a woman’s spouse must be a man.
Three conditions must therefore be present if a marriage is to be valid in English Law.
- The union must be a voluntary one so that if either party did not agree to the marriage,
it will be void.
- The union must have been enter into for life. This means that the parties intended to
enter into a permanent union when contracting the marriage, though the union may be
subsequently dissolved by a decree of divorce.
- Finally, the union must be monogamous. While the marriage continuous neither party
may enter into another marriage.
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It should be noted however that two types of marriage are recognized in Africa: statutory
marriage, otherwise known as Monogamous Marriage and Customary Law Marriage,
otherwise known as polygamous marriage. Lord Penzance definition applies only to a
monogamous marriage. Again, a monogamous marriage may not continue for life. It may
come to an end by a decree of divorce (or nullity) pronounced by a court of competent
jurisdiction. This explains why Mr. Justice Nganjie, a Cameroonian Judge defined
marriage in Manyi Mutanga v. Alexanda Ngomba Motanga thus:
“To my mind, a marriage as known to the Law of most African States is the union
between a man and one or more women to the exclusion of other men.”
So, when one gets married according to native laws and customs of a particular ethnic
group, the marriage is potentially polygamous.
Breach of Marriage Promise
A common-law right of action for breaking a commitment to enter into matrimony.
The right of action for breach of a marriage promise has been abolished in a majority of
states.
Agreement to Marry
An agreement to marry is different from all other contractual relations. The reason for this
is that both its object and the relationship created between the parties are completely
different from those of any other contract. In order to recover for breach of promise, the
plaintiff must establish that the two parties had a valid existing contract to marry. This can be
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accomplished by a showing that both parties had a clear intent for the agreement to be
binding.
If the parties to a contract to marry are incapable of creating a valid agreement due to a
legal disability, a lawsuit for breach of marriage promise cannot be sustained. Generally, a
valid defense to such an action is the infancy of the promisor at the time of the agreement.
The infancy of the promisee, however, is not a valid defense. Statutes provide the ages of
infancy.
An individual who is incapable of making a contract due to incompetence will not be held
liable for breach of promise. Similarly, a promise to marry someone who is already married
is invalid, provided the promisee knew this fact. When the plaintiff was unaware that the
promisor was already married, however, he or she may recover. Upon the legal termination
of the marriage by Divorce, Annulment, or death of the former spouse, a defendant who
breaches a promise to marry the plaintiff may be held liable.
A breach of contract action cannot be maintained when a marriage would be unlawful due
to Incest.
Marriage Requirements:
Consent
Before a marital union is recognized by a state, there must be consent or agreement
between the parties of the union to be married. For consent to exist, both parties must agree
to the marriage and there must be no mistake as to the nature of the union; no force must be
used upon either party to enter into the union.
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Once consent is determined to exist, the laws of the individual states determine the status
of the couple as spouses (as long as they've satisfied the state's marriage license
requirements).
Marriage Requirements: Age
Age is an additional aspect of consent to marry. All states set the age which must be
reached by both parties to the marriage before they are able to legally agree to become
spouses without parental permission. For all but two states, this "age of consent" is 18 for
male and 15 for female.
The states vary in determining the minimum age at which a couple can marry with
parental consent. In other case, there must be presidential waiver.
Marriage Requirements: Capacity
Capacity generally refers to the mental ability of one or both of the parties to the marriage
to agree to become spouses. Both parties must be of "sound" mind and capable of agreeing to
the marriage. Not all forms of mental illness and insanity serve to render someone incapable
of entering into a marriage.
A common test of capacity is the ability of individuals to understand the nature of
marriage and what their responsibilities are to their partners once they enter into the union,
such as financial obligations. Physical incapacity -- and in particular the physical inability to
have sexual intercourse -- does not in and of itself render one incapable of marrying, and
does not on its face void a marriage that has already occurred.
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Both parties must not be of the same sex, that is one must be a male and the other a
female.
Both parties must not be related within the degree of consanguinity (marriage by
blood) and affinity (by marriage).
Void and Voidable marriage
A void marriage is stricto sensus no marriage at all while a voidable marriage is one
which at its inception is valid subsisting marriage but owing to some or the presence of an
impediment either of the spouses is empowered to take steps to have it annul, i.e. turn it into
void marriage.
Incidence to consortium
Termination of marriage
CIVIL STATUS AND NAME
A. Civil status
A well developed and functioning civil registration system ensures the registration of all
vital events including births, marriages and deaths and issues relevant certificates as proof of
such registration. Civil registration promotes efficient government planning, effective use of
resources and aid, and more accurate monitoring of progress towards achieving the
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Sustainable Development Goals. Your birth certificate, your marriage certificate etc. are part
of this group of documents which help to prove your civil status in situations such as
employment, marriage or divorce and in administrative procedures.
A civil status refers to the features or aspects which defines the state or attitude of a
particular individual in a country or state to which he belongs.
Ordinance No. 81-02 (29 June 1981) on the organization of civil status and various
provisions related to the status of natural persons, as amended and supplemented by Act No.
2011/011 (6 May 2011)
Birth registration
Official authorities in charge of registering births
Ministry of Territorial Administration and Decentralization (MINATD). Delegates of the
Government to the urban communities and their deputies, Mayors and their deputies, Heads
of diplomatic missions or consular posts, Civil registrars (Ordinance No. 81-02, article 7)
Legal informant to register a birth
Head of hospital, Physician, Any person who attended the mother during the birth,
Mother and father; When a child is born in a hospital or a medical institution, the informant
is the head of the hospital or, failing that, the physician or any person who attended the
mother within 30 days of the delivery.
Time allowed for registration
In case of non-declaration by the hospital or a medical institution within the time limit of
30 days, the child’s parents have an additional 60 days to make the declaration (article 31).
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Penalty for late registration
Yes, the cost is increased in the case of a late declaration of the birth, or the parents are
obliged to go through the Tribunal for a supplementary judgment. Births declared after the
deadline may be registered at the request of the public prosecutor within 6 months of birth
(Act No. 2011/011, article 32). When a birth has not been declared within the 6-month
period, it cannot be registered by the civil registrar, but only by virtue of a declaratory
judgment rendered by the competent court authority (Act No. 2011/011, article 33).
Requirements for birth registration
Identification of the child’s father, Identification of the child’s mother, Name of the child.
Information collected
-Name of the main or secondary civil registry and, where applicable, that of the main civil
status registry
-Full name, sex, the date and place of birth of the child
-Full name, age, nationality, occupation, domicile or place of residence of the mother and
father of the child
-Full name and signatures of the civil status registrar and secretary
-Date on which the birth certificate is drawn up (article 34).
Place of registration
Main or secondary civil registration offices, Place of birth.
A birth certificate is required for?
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Identification, Education, Inheritance, Voting, Obtaining social assistance.
Process for establishing vital statistics on births
Marriage registration
Legal framework for marriage registration
2011/011 (6 May 2011)
Official authorities in charge of registering a marriage
Ministry of Territorial Administration and Decentralization (MINATD)
Delegates of the Government to the urban communities and their deputies, Mayors and
their deputies, Heads of diplomatic missions or consular posts, Civil registrars (Ordinance
No. 81-02, article 7)
Legal age for marriage
18 years for males and 15 years for females;
Exemption: Marriage cannot be celebrated if the bride is under 15 years old or the groom
is under 18 years old, unless dispensed by the President of the Republic on serious grounds
(article 52). Equally, parental consent has to be given before someone below the marital age
is accepted for marriage.
Requirements for marriage registration
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Presence of husband at place of registration, Presence of wife at place of registration,
Residential evidence of husband, Residential evidence of wife, Proof of wife’s age, Proof of
husband’s age. One month before the celebration of the marriage, the civil registration
officer shall have before him or her a declaration stating the names, surnames, profession,
domicile, age and place of birth of the future spouses (article 53). The civil registration
officer immediately proceeds to the publication of the declaration by posting it to the civil
registration centre (article 54). The celebration of marriage must take place in the presence
of: the future spouses and the representative of the prospective spouse; legal or customary
parents or guardians where consent is required; at least two witnesses at least one per spouse
(article 69). The marriage certificate shall be jointly signed by the spouses, witnesses, officer
and secretary of civil status. An original is given to each spouse (Act No. 2011/011, article
49).
The act of marriage shall contain the following information:
– The name of the principal or secondary registration centre and, where applicable, the
principal registration centre;
– Names, forenames, date and place of birth, nationality, occupation and domicile of the
spouses;
– Consent of the parents, in case of minority;
– Date and place of the celebration of the marriage;
– The marital system (polygamy or monogamy);
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– Indication of the system of property (community or separation of property);
– Names and surnames of the witnesses;
– Names and surnames of the civil registration officer;
– Signatures of the spouses, witnesses, officer and registrar.
(Act No. 2011/011, article 49).
A marriage certificate is required for:
Inheritance, registration of children
Legal framework for death registration
2011/011 (6 May 2011)
Official authorities in charge of registering a death
Ministry of Territorial Administration and Decentralization (MINATD)
Delegates of the Government to the urban communities and their deputies, Mayors and
their deputies, Heads of diplomatic missions or consular posts, Civil registrars (Ordinance
No. 81-02, article 7)
Legal informant to register a death
Head of the family, A relative of the deceased, Any other person who has knowledge of
the death (article 78)
Time allowed for registration

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90 days (article 78)
Penalty for late registration
In the event of a late declaration of death, the declarant is obliged to go through the
Tribunal for a declaratory judgment, which includes costs.
Requirements for death registration
The death declaration must be certified by two witnesses.
The death certificate must contain the following information:
– Name of the main or secondary vital centre and, where applicable, the main registration
centre it depends;
– Surnames, forenames, date and place of birth, sex, marital status, occupation and
residence of the deceased;
– Date and place of death;
– Names and surnames of the father and mother of the deceased;
– Surname, forenames, profession, quality and domicile of the declarant;
– Names, surnames, occupation and residence of the witnesses;
– The date on which the act was drawn up
(Act No. 2011/011, article 79
Place of registration
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Main or secondary civil registration centres of the place of occurrence, burial, residence
or birth of the deceased
A death certificate is required for:
Burial, Inheritance, Obtaining social assistance
B. Name
It is a special identification or gift attributed to an individual at birth according to its
origin culture and religion. A word or set of words by which a person or thing is known,
addressed, or referred to. It is a special identification or gift attributed to an individual at
birth according to its origin culture and religion. A name is a term used for identification.
They can identify a class or category of things, or a single thing, either uniquely, or within a
given context. ... A name can be given to a person, place, or thing; for example, parents can
give their child a name or a scientist can give an element a name.
A person's name is the greatest connection to their own identity and individuality. Some
might say it is the most important word in the world to that person. It is the one way we can
easily get someone's attention. ... When someone remembers our name after meeting us, we
feel respected and more important.
In today modern society the name of a personal does not hold any importance. Names do
not give meaning of who the person is or give information about the person. A person’s
name is merely an identification label, like a number, which could be changed severally.
Many people today just call themselves names without knowing their meanings but just to
identify themselves with a name which sounds good to their ears and mouth or not
familiar.
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The Importance of a name
Name; –
Gives a lot of information about that person.
Tells us who that person is or serves as identification. All names in the bible carry a
meaning and portray who the person is.
Benefits or Importance of a Name.
• Distinction
A name is important to somebody in the sense that it helps in distinction and
differentiation.
• Identification
It identifies each and every one from another.
• Origin.
Origin according to culture place of birth and history.
Difference between residence and domicile
LAW OF PERSON AND NATIONALITY
Adoption of a child in Cameroon
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God’s desire for every legally married couple is to bless them with children of their own.
Child adoption in Cameroon remains the only legal means for married couples who cannot
procreate.
Adoption in Cameroon is a legal procedure in which the parental responsibility for a
child is transferred from their birth parents to their adopters. Adoption is the act of
legally taking a child to be taken care of as your real born child. It is also a legal
process of becoming a biological parent. An adoption orders made respect of a child,
confers on the child full member right and privileges as if they had been born to the adoptive
family. Adoption involves permanently transferring all rights and responsibilities, from the
biological parent(s) / Guardian(s) to the person adopting.
Reasons for adoption
According to Article 345 of the Code Civil, a Cameroonian can adopt a foreigner and vice
versa.
Adoptions of Cameroonians by foreigners is also envisaged under the applicable English
law.
-Economic crisis and armed conflict have both led to an increase in emigration towards
Europe and America in particular.
-The Acquired Immune Deficiency Syndrome (AIDS) equally left many children
orphaned, contributing to the rise in applications for adoption before the courts by
Cameroonians who have acquired foreign nationality and or their foreign spouses.
Sometimes adoption orders delivered by our courts fail to be recognized abroad due to the
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fact that Cameroon is not a signatory to the Hague Convention on Protection of Children and
Co-operation in Respect of Inter-country Adoption.
-Increase in the number of those unwilling to cater for them and the psychological
hardship suffered by children
-Knowledge of child psychology has proven that children are better brought up in homes
than in institutions.
-Barrenness or infertility
Instructions
1. Applicants must meet eligibility age requirements before applying;
2. It is advisable to always visit officially recognized orphanages for adoption to avoid
fraud and any other related problems;
3. Adoptive parents not in Cameroon must travel to the country to participate in the
adoption process;
4. It is a must that applicants have the child in their care and custody for three (3) months
before adoption is approved.
5. Applicants must have finance capacity to support the adopted child;
6. Consent of both parents is a necessity for successful adoption;
7. Applicants must be medically fit;
8. Ensure that the child to be adopted is eligible.
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9. Biological parent(s) (if alive) or guardian of the child to be adopted must agree to the
adoption;
10. If a child to be adopted is sixteen years and above, he / she must also agree to the
adoption.
11. Both agreements (consent) from biological parents and child must be witnessed by
either court, diplomatic consulate or a public lawyer / attorney;
12. A lawyer or attorney can be hired by applicants to assist in the adoption process;
13. In order for a child to be adopted, he / she must not have a child of his / her own at the
time of the adoption, nor have any legal descendants.
14. Adopted individuals may not marry their adoptive parents or siblings
Intercountry Relative Child Adoption in Cameroon and International adoption
This refers to an adoption in which the applicant is a Cameroonian irrespective of their
residence and usually target the adoptive child from the family genealogy or lineage or
decent.
International adoption has been defined to be an adoption in which parents
domiciled in one nation travel to a foreign country to adopt a child there, usually in
accordance with the laws of the child’s nation. The process of adopting a child from one
country to another is also known as inter-country adoption. Consideration the increasing ate
of inter-country adoptions and the implications in Private International Law, issues
concerning jurisdiction and choice of law arise. The problem with international adoptions is
actually not with their creation but the effect
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Types of adoption in Cameroon
Adoption can either be simple or plenary. The ministry of Social Affairs is concerned as
far as social inquiries are concerned and in cases of foreigners wishing to adopt as well as the
adoption of children less than five years old. The said Ministry is also expected to follow up
cases of adoption in order to avoid abuse.
A. Simple adoption
Simple adoption is not recognized in English law and consequently in Anglophone
Cameroon. However, in Francophone Cameroon, it is possible and known as ‘adoption
simple’ (gré a gré), that is, as agreed between the parties concerned. Simple adoption is
revocable and the adopted person maintains family ties with the biological family. However,
the adopted person has rights of succession to the estate of the adoptive parents. Simple
adoptions can be both of minors and adults according to Article 358 of the applicable civil
code. Such a person must give his or her consent before a notary public. In the case of a
minor, the parents (in case of divorce or separation, the person who has custody) must
consent. Simple adoption has no effect on the nationality of the adopted person although a
change of name could be made upon the application of the adopter.
As a matter of principle, the adopter’s surname is add to the adoptee’s surname or may
even be replaced. The court can also be demanded to change the first name.
Simple adoption is possible no matter the adoptee’s age who may even be an adult. The
consent of the adoptee who is more than 13 years of age is needed.
The condition for simple adoption is similar to that of full adoption and may be converted
or changed to a full adoption and may be converted to full adoption in future.

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Simple adoption can be revoked or canceled by the judge at the request of the adopter or
adoptee for reasons such as serious alcoholism, scandalous misconduct, extortion of
funds or ingratitude.
B. Full or plenary adoption
When we talk of full adoption, we are referring to adoption that leads to the
severing or cutting of family ties between the adoptee and his/her biological family. This
is an alternate form of adoption which terminates the relationship between birth parents and
child. Therefore, all the rights and status which the child had with biological parents are
revoked and replaced with the rights and status granted by the adopting family.
Full adoption (adoption pléniere) in the French-speaking civil law jurisdiction of
Cameroon is governed by the applicable French Civil Code. This is also known as
‘Légitimation adoptive’. This is only possible for children who are less than five years old,
who have been abandoned by their parents or whose parents are unknown or dead. The
person who wishes to adopt must equally be at least forty (40) years old if single. Couples
could equally adopt provided that one of them must be at least thirty-five years old. They
must have been married for more than ten years and not be in separation and be childless
(apart from adopted children). The age disparity between the adopter and the adoptee must
be at least fifteen years. Nevertheless, if it concerns a child of one of the spouses, the age
difference is reduced to ten years and even less through a waiver of the President of the
Republic. This age factor is valid for both simply and full adoptions.
Whatever the type of adoption in Francophone Cameroon, according to Article 343 of the
applicable civil code, it must be advantageous and in the interest of the person to be adopted.
137
This in in conformity with Article 21 of the 1989 Convention on the Rights of the Child
(CRC).
Anglophone Cameroon
No Substantive Law on Adoption
Considering the fact that recourse has to be made to the applicable English law in matters
of adoption, it is worth mentioning that under the common law, the notion of legal adoption
was unknown. If one were therefore to rely on Section 11 of the Southern Cameroons High
Court Law 1955, the Adoption Act of 1926 and subsequent statutes are not applicable in
Cameroon. In England and Wales, adoption was introduced by statute, more precisely, the
Adoption of Children Act 1926. Subsequent Acts were passed such as the Adoption of
Children (Regulations) Act 1939, the Adoptions Acts of 1950, 1960, 1964 and 1968. The
Children Act of 1975 and 1976 later on consolidated aspects of the 1958 Act. The Law is
dynamic and adoption in England is now governed by the Adoption and Children Act 2002,
which came into effect on 30th December 2005.
The situation in Anglophone Cameroon concerning the substantive law on adoption is
therefore not very clear. There is no substantive law on adoption. Given this lacuna in the
law, the judges tend to decide adoption cases based on English law. Full adoption is
therefore recognized following substantive English law. The exact English statute governing
adoption is however left to be decided by the presiding judge in any given adoption matter
before the courts, creating a situation of imprecision. The courts have taken the cue and
followed the precedent of the Court of Appeal in the case of Bernard Fonlon V. Judith
Fonlon & Others. In that case the Court of Appeal overruled the High Court decision
138
declining jurisdiction in matters of adoption, for want of any substantive law. The Court of
Appeal relied on the 1958 English Adoption Act and dismissed the appeal for non-fulfilment
of the requirements of section 3(1) of the said Act concerning consent. The Court based its
decision on Section 10 of the Southern Cameroons High Court Law 1955, although as has
been criticized, that provision refers to procedural and not substantive law.
Court judgments granting adoption have consistently followed this precedent and applied
the 1958 English Adoption Act and subsequent statutes on adoption. Adoption cases are
brought to court based on Section 18 (1) (b) (New) of Law N° 2011/027 of 14th December
2011 on Judicial organization which provides: “The High Court shall have jurisdiction to
hear and determine suits and proceedings relating to status of persons; civil status, marriage,
divorce, affiliation, adoption and inheritance.” The judges equally cite Section 10 of the
Southern Cameroons High Court Law 1955 as enabling them to make use of English law;
more particularly, post 1900 statutes.13
Procedure of adoption in Cameroon
Adoption in Cameroon is a legal procedure in which the parental responsibility for the
child is transferred from the birth parent or orphanages to their adopters which must respect
certain conditions, requirements and procedures.
Procedure
- An originating application has to be filed
-Filing of support statement
13 Irene Ngum Asanga (2020), A Critical Analysis Of Adoption Law In Cameroon. Law & Political Review. The Law Brigade
Publishers, available online at: https://thelawbrigade.com/family-law/a-critical-analysis-of-adoption-law-in-cameroon/, visited
on the 18th January, 2021.
139
-The Services of the legal department and social welfare must be sought
-The adopter must defend or argue the originating motion in court
-The court on merit will issue consequentially the adoption order
Court judgment on adoption shall be inscribed as marginal notes on birth certificate. See
Section 41 (3) of the revised 2011 Civil Status Registration Ordinance in Cameroon.
After receiving the decree, the adoptive parents can take the child home.
Before taking the child home, parents from outside Cameroon must do the following
 Determine the eligibility of a child to be adopted in the home country of adoptive
parents;
 After being approved, the adoptive parent(s) must obtain some documents before
travelling to home country. These include:-
 New Cameroon Birth Certificate (in the new names of the child and with names of the
parents);
 Cameroon passport
 Immigration visa to country of residence of the adoptive parents;
 Then the child can travel to the country home of the foreign adoptive parents
Conditions
Age of Adopting Parents: An applicant for adoption in Cameroon must have attained 40
years or married 10 years or have fertility issues which must be backed by medical evidence.
140
For single-parent adoptions, the prospective adoptive parent must be at least 15 years older
than the child.
It is where the natural parents could completely relinquish their rights and duties to the
adopter. The adopted child becomes the legitimate child of the adopters.
For single-parent adoptions, the prospective adoptive parent must be at least 15 years
older than the child.
-For individuals or single parents, the adopter should be more than 40 years.
-For married couple, they must have been married for at least 10 years and one of the
couple must be 35 years or older.
-The woman must be unable to bear children
-The adopter must always be at least 15 years older than the child and should not marry
him or her.
-The adopter must show proof of financial stability to maintain the child.
-A guarantor is required and investigation of his background suffices.
The Ministry of Social Affairs and the High Court (Tribunal de Grande Instance) are the
key institutions / departments in handling issues regarding adoption.
Besides, these conditions, the necessary documents must be provided.
Documents required
The following documents are required for adoption in Cameroon:
141
1. Application bearing a 1000 FCFA fiscal stamp, addressed to the President of the High
Court;
2. Certified copy of the child's Cameroonian birth certificate;
3. Biographic information of the biological parents of the child to be adopted;
4. Biographic information of the adoptive parents;
5. If applicable, a notarized deed of agreement from surviving biological parents, or the
orphanage director having custody over the child and prospective adoptive parents; this deed
expressly states that the child is released irrevocable for adoption;
6. Report of the home study;
7. Evidence of finances and income;
8. Legal authorization from the biological parents, if applicable;
9. Notarized affidavit of support of the child from the adoptive parents;
10. Deposit of 3,000 CFA Francs made at the court registry;
11. A separate, non-refundable deposit of 78,000 CFA Francs made at the court registry;
12. Certified copy of the child's birth certificate;
13. Certified copy of the adoptive parents' identification;
14. Prison/court record clearance or non-conviction extract;
15. Adoptive parents' proof of residency; for married parents who do not meet the age
requirements, they must bring a medical certificate attesting their infertility;
142
16. Medical certificate for the adoptive parents, attesting that they are medically fit;
17. Report from the social worker.
Fees
1. Fiscal stamp on application of 1000 CFA
2. Deposit at the court registry 3,000 CFA Francs
3. Non-refundable deposit at the court registry 78,000 CFA Francs
4. Obtaining Cameroon passport Approximately 100,000 CFA Francs.
143

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HIGHER INSTITUTE OF MANAGEMENT AND ENTREPRENEURSHIP (IME), Introduction to Law

and Fundamental Rights BY RODRICK NDI

HIGHER INSTITUTE OF MANAGEMENT AND ENTREPRENEURSHIP

Higher National Diploma (HND)

INTRODUCTION TO LAW AND FUNDAMENTAL RIGHTS

Ph.D SCHOLAR IN BUSINESS LAW

ACADEMIC YEAR: 2022/2023

Introduction to Law and Fundamental Rights

GENERAL OBJECTIVES OF THE COURSE

The course has been designed to:

understanding of the legal environment in which they function.

within the professional context.

At the successful completion of this course, students should be able to;

 Understand the general notion of law

 Identify and explain the fundamental principles of law

within the legal system of Cameroon

 Able to trace the origin of the Cameroon legal system

 Explain the material and territorial competences of the Cameroon Courts

 Trace and discuss the Sources of Cameroonian Law

 Make a distinction between Civil and Criminal responsibilities

 Able to explain the process of attribution of corporate legal personality

 Identify and explain the different categories of law

 Some key aspects of Cameroon Penal Law

 Explain the composition and competence of Courts in Cameroon

protecting the fundamental human rights of individuals.

 Explain the System of Protection of Human Rights in Cameroon

 Understand the Cameroon strategies to fight against corruption.

1. Carlson Anyangwe, (1987), “The Cameroon Judicial System”. CEPER, Yde.

Procedure Code of Cameroon: an appraisal”. University of Dschang, PhD thesis

4. Decree No. 2013/131 of 03 May 2013 on the establishment, organization, functioning

No 96/6 of 18 January 1996 to amend the Constitution of 2 June 1972.

7. Law No. 2006/015 of 29 December 2006 on Judicial Organization in Cameroon as

8. Law No. 2011.028 of 14 December 2011 setting up a Special Criminal Court

of 14 December 2011 setting up a Special Criminal Court

11. Rodrick Ndi (2021), “THE RISE OF VIOLENCE AGAINST LAW

ENFORCEMENT: WHAT LEGAL IMPLICATIONS UNDER THE

CAMEROONIAN LAWS?” Online Webinar organized by LEGA GURUS’

ASSOCIATION on the 15th September, 2020.

CITIZENS PARTICIPATION UNDER THE 2019 LAW ON GENERAL CODE OF

REGIONAL AND LOCAL AUTHORITIES OF CAMEROON.” INTERNATIONAL

SYMPOSIUM ON THE THEME: DÉCENTRALISATION, DÉCONCENTRATION

ET DÉVELOPPEMENT LOCAL EN AFRIQUE: ENJEUX ET PERSPECTIVES »

MANAGEMENT SCIENCES, UNIVERSITÉ DE DSCHANG, CAMEROUN FROM

THE 26, 27 ET 28 OCTOBRE 2022.

14. The 2019 revised Cameroon Penal Code

Introduction to Law and Fundamental Rights...........................................................................1

GENERAL OBJECTIVES OF THE COURSE........................................................................1

INTRODUCTION TO LAW AND FUNDAMENTAL RIGHTS............................................7

1. General notion of law......................................................................................................7

1.1. The definition of law....................................................................................................7

1.2. Distinction between “a law” and “the law”...........................................................8

1.3. Characteristics of law................................................................................................9

1.4. Is it necessary to study law? The Importance of Law................................................10

1.5. Why do we need law?.................................................................................................11

2. History of the Cameroon legal system...........................................................................11

a. The pre-colonial period..................................................................................................12

b. The colonial period........................................................................................................12

c. The post-independence period until 1996......................................................................13

3. Differences between Common Law and Civil Law.......................................................15

3.1. The meaning of Common Law and Civil law............................................................15

3.2. Common law and Civil law distinguished (differences)............................................16

4. Fundamental Principles underlying the Administration of Justice in Cameroon..........18

4.1. The presumption of innocence....................................................................................19