Civil and commercial litigation

Cameroon applies two legal traditions at once. The common law governs in the North West and South West Regions; a civil law system of French inspiration governs in the other eight. A case is often decided by which tradition applies to it.

The division dates from the partition of the territory after the First World War and survived reunification in 1961. Precedent binds in the Anglophone courts and is persuasive in the Francophone ones. Customary law is recognized, subject to the repugnancy test. Criminal law is the exception: the Penal Code of 1967 unified it, drawing on both traditions.

The courts

• Courts of First Instance, for civil disputes below 10 million FCFA and minor criminal matters
• High Courts, for larger civil claims and serious criminal matters
• Ten regional Courts of Appeal
• The Supreme Court in Yaounde, sitting in Judicial, Administrative and Audit Benches. Since 2017 a Common Law Division sits within the Judicial Bench
• The Common Court of Justice and Arbitration in Abidjan, on matters governed by an OHADA Uniform Act

Language of proceedings

French and English are both official languages under the Constitution. The 2019 Law on the Promotion of Official Languages confirms their equal status and entitles a litigant to be served, and to receive judgment, in either language. In practice, legislation published in both languages does not always agree between versions, and the discrepancy is sometimes the point in dispute. The firm works from both texts.

Our work includes

• Assessment of the merits before filing suit, and advice on statutes of limitations
• Interim and protective measures, including prejudgment attachment
• Contract, tort, corporate and commercial disputes at trial and on appeal
• Appeals to the Supreme Court and, on OHADA matters, to the CCJA
• Enforcement of domestic judgments and of foreign judgments and awards