Dr. Egute Matthew Amandong

Senior Lecturer: Department of English Law, Faculty of Laws and Political Science – University of Ebolowa

DOI : https://doi.org/10.47191/ijsshr/v6-i5-53

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ABSTRACT

The decisive events which made the introduction of English laws possible in Cameroon were the arrival of European traders, the activities of European missionaries and the introduction of the English legal system by the British Government. The arrival of these Europeans introduced certain new practices and institutions which the traditional laws of the country, particularly customary law could not cope with. Besides, the Europeans themselves were not prepared to be bound by tribal laws since the type of society to which the law and custom was appropriate was totally different from the type of society in which they (Europeans) had been brought up. After the 1st World War, Cameroon ceased to be a German Protectorate following her defeat and was thus administered by Great Britain and France under the League of Nations Mandate and subsequently under the United Nations Trusteeship Agreement. By Article 9 of the Mandate Agreement, the laws of the administering authorities were to be transplanted into Cameroon. Article 9 thus provided the basis and officially marked the beginning of the duality of Western legal systems which the people of Cameroon have since experienced and to which they remain subject to till this day. The Foreign Jurisdiction Act, 1890 was also very important and served as the enabling statute that led to the introduction and observance of English law in Southern Cameroons. The English common law, the doctrines of equity and the statutes of general application which were in force in England on the 1st day of January 1900 were then transplanted in Anglophone Cameroon viz s. 11 of the Southern Cameroons High Court Law, 1955. However, neither the statutes in England on the 1st day of January 1900, nor common law and the doctrines of equity apply in Cameroon without limitations. They are subject to local limits and circumstances. In this 21st Century, the laws of a colonial power particularly the statutes of general application should not apply again to an independent nation like Cameroon and thus should be repealed and replaced with local legislation. The Executive and Legislature should thus ensure compliance while the Government is called upon to hasten and complete the harmonization process of the common law and the civil law in a bid to give the country a unified/uniform legal system. REFERENCES

1) M. S. Tumnde, Insurance Law in Cameroon, (2012) published by Presses Universitaires d’Afrique Yaounde – Cameroon, p.1.

2) German spelling of Cameroon. See Cameroon – Handbook prepared under the direction of the Historical section of the Foreign office – No. 118 February 1919, pp 15-25.

3) See generally, N. Rubin, Cameroon: An African Federation, London- Pall Mall, 1971, pp. 23-43.

4) See Annexes 374f and 374g to the minutes of the Nineteenth Sessions of the Council of the League of Nations, Appendices: League of Nations Official Journal, August 1922, 872 and 877.

5) Article 22 of the Covenant of the League of Nations 1922.

6) Article 85 of the Charter of the United Nations of June 26, 1945.

7) E. Lewin, The Germans and Africa, Cassell & Co. Ltd., 1915, p. 138; S.G. Ardener, Eye-witness to the Annexation of Cameroon, Gvt. Press, Buea, 1968, pp. 19-20. For more on this see Carlson Anyangwe, The Cameroonian Judicial System (1987), CEPER – Yaounde, p. 24.

8) Jesco Manga Williams v. The President of the Native Court Victoria (1962-1964) W.C.L.R. 34

9) (1808) 1 NLR 81

10) For instance, in the past, the birth of twins in some parts of Nigeria was regarded as a taboo and ill-luck. Examples were Cross River State and some parts of the Ibo land within the East. The twins were subsequently taken to designed ‘’Evil Forests’’, where they were abandoned while some rituals were performed in the nature of ‘’cleansing rituals’’ and appeasement of the Gods.

11) Abbreviated, SCHCL.

12) (Unreported)

13) (1962-1964) WCLR 321

14) C.S.C.O., Arret No. 43/L du 16 Janvier 1968, (Unreported).

15) C.S.C.O., Arret No. 86/CC du 15 Mai 1971, 1 R.C.D. 64 (1972).

16) For more on this, see also Dayas v. Dayas, C.S.C.O., Arret No. 30/L du 12 Janvier 1971; Eding v. Eding, C.S.C.O., Arret No. 138/L du 6 Juin 1967 (Unreported).

17) (Unreported).

18) Ordinance No. 81-02 of 29th of June 1981, (now amended by Law No. 2011/011 of 6th of May 2011). 19) Section 41 (2) of the Ordinance equally provides that: ‘’Recognition and legitimation, except adoptive legitimation shall be based on blood relationship’’.

20) See s. 70 of the 1981 Civil Status Registration Ordinance.

21) For more on this see Carlson Anyangwe , supra, at p. 222.

22) No. 6 of 1914

23) See also s. 29 of the Magistrates Courts (Southern Cameroons) Law 1955.

24) See Allott, New Essays in African Law, (1970) Butterworth – London 28. Equally note the arguments of E.N. Ngwafor, ‘’Cameroon: The Law Across the Bridge: Twenty Years (1972-1992) of Confusion’’, Revue General de droit, Vol. 26, 1995, pp 70-72.

25) (1986) (Unreported).

26) See Carlson Anyangwe, op.cit. at 222.

27) Ibid, at p. 223. A good example here is the English Sale of Goods Act 1893 (as amended) by the 1979 Act. The 1893 Act even though amended by the 1979 Act has not been repealed in Cameroon and the courts of Anglophone Cameroon up till this date still cite the provisions of the 1893 amended Act where the OHADA Uniform Act Relating to General Commercial Law is salient on the issue concerned.

28) About 12 in number.

29) E.g. the equitable interest of the beneficiary over the trust property.

30) E.g. specific performance.

31) For example the grounds for divorce under English law are applicable verbatim in Anglophone Cameroon.

32) The 1973 Matrimonial Causes Act of England is the applicable law in West Cameroon with respect to matrimonial issues and proceedings.

33) (1940) A.C. 231

34) The enabling instruments for the introduction of French and French derived laws in Francophone Cameroon were the Decrees of 16th April 1924 and of 22 May of the same year. Both decrees were made pursuant to the provisions of the French mandate for the French Cameroons (20th July 1922).

35) See once again s.11 of the Southern Cameroons High Court Law 1955

36) E.G. the High Court Orders and Rules applicable in Anglophone Cameroon are not the same in Francophone Cameroon; The Evidence Act applicable in Anglophone Cameroon is different, while the French Civil Code which is applicable verbatim in Francophone Cameroon is not applicable in Anglophone Cameroon, etc, etc.

37) In 2018, Anglophone Lawyers of Cameroon took to the streets and decried the miss-interpretation of common law principles by French judges that are sent to the courts within the English speaking regions of Cameroon.

38) For example, the principle of ‘’res ipsa loquitur’’ , a common law principle is not known under the French civil law. While the French civil insist on prove of fault under the law of negligence, the principle of ‘’res ipsa loquitur’’ is an acceptable English common law principle in Anglophone Cameroon that can assist or avail the plaintiff where he is unable to establish the actual cause of his harm.

39) In Cameroon, this is done by the National Assembly and the Senate in accordance with Articles 14-24 of the 1996 Constitution as amended.

VOlUME 06 ISSUE 05 MAY 2023