Litigation in Cameroon
Cameroon is a very diverse nation of over 25 million people that blends numerous local cultures with traditions from both England and France. As a result, its legal system has unique challenges and features.
To learn more, I asked Ashunchong Paul Tanyi Ako, the managing partner of Ashunchong & Partners Law Firm in Douala, Cameroon, to tell me about his work.
Why should you read this post about litigation in Cameroon?
Because there is more to Cameroon than its rich culture of literature, cuisine, film, music, dance, and sports.
You’re interested in how a country can blend the English and French legal traditions, including by having two sets of Supreme Court judges.
You’re interested in a legal system that resolves disputes in three months and has reasonable page limits for complaints.
Ashunchong Paul Tanyi Ako is the managing partner of Ashunchong & Partners Law Firm in Douala, Cameroon.
This interview has been lightly edited.
Background
Can you tell me about the kinds of disputes you handle in your legal practice?
The kind of disputes we handle here are contract disputes, fraud, employment disputes, land disputes, and maritime disputes.
What type of clients do you generally represent in disputes?
The type of clients I represent are corporate clients, banks, small and large businesses, and real estate owners.
Besides Microsoft Office, what software do you use in your practice?
I really just use those programs.
What books and websites do you use for legal research?
The books I usually use are mainly legal dictionaries. I also use the Blue Book and Bhadmus on Corporate Law, and other treatises on law. And I also use websites, such as Fastcase, Court Listener, Findlaw, and Caselaw Access.
Several of those websites contain American law. Do you consult American law in your work?
Yes. Most often, I usually include American laws in my legal research.
Court in Mbouda, Cameroon (Image Credit)
Is it true that some Cameroon courts follow the common law system and some follow the civil law system?
Yes, it is true that in Cameroon some courts follow the common law system and others follow the civil law system. It is due to the bijural nature of the country that dates from time of colonisation by Britain and France.
If so, how does that work when cases get appealed to the Supreme Court?
It works well when cases are appealed to the Supreme Court because at that court, common law and civil law judges sit together as a panel to hear matters. Each type of judge decides matters concerning their legal system.
Do the two systems make your work more difficult? How so?
No, the two systems does not make my work difficult because I have mastered both systems.
Do Cameroon courts permit litigants to file documents electronically or must they go to the courthouse and deliver papers?
No, in Cameroon, we do not file electronic pleadings. We must file them at the court house.
Generally speaking, how many pages are the complaints or initial pleadings you see in your work?
It varies, but pleadings at times can be up to ten pages long.
Generally speaking, how long does it take for a case to go from complaint to judgment?
Generally in Cameroon, a case can take about three months from the filing of a complaint to the final hearing and determination of the matter.
Does Cameroon have specialized courts that only hear commercial cases?
Yes. Cameroon has specialized courts that only hear commercial matters.
Are Cameroon courts open to the public?
Yes. The courts in Cameroon are always open to the public and ordinary people are permitted to watch a commercial trial.
Are commercial disputes in Cameroon decided by juries?
No, judges in Cameroon decide disputes.
Do you have the ability to interview opposing witnesses before trial?
In Cameroon, parties only exchange evidence in court on the date fixed for the hearing. We do not interview the opposing witnesses before trial.
What are some strengths and weaknesses you have seen in the Cameroon legal system?
The strength of Cameroon legal system to me is, like most African countries, is how, despite being a relic of colonial era, its unique status of having two distinct legal systems. The civil and common law systems operate together smoothly without conflict. I also appreciate the expeditious nature of OHADA in handling business transactions.
As for weaknesses, I do not find Cameroon law faster, easier, or fairer than the law in Sierra Leone, where I studied. The law of Sierra Leone is more flexible and easier to navigate.
If you win a commercial dispute, does the other side reimburse your attorneys’ fees?
No. If I win, the court does not order the other side to reimburse attorneys fees.
How often do you go to the courthouse?
I go to the court at least three times a week.
When you are there, do you need to wear a special robe or wig?
While in court, an attorney must put on a wig and robe.