Lecture Notes on

CIVIL AND COMMON LAW

YEAR 1

Dr. Numfor William C.

(Ph.D. in Law)

Academic Year: 2023/2024

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 COURSE CONTENT

Introduction to the concept and nature of law

Definition and characteristics of Law,
The branches or classification of law:

The sources of the law

Human rights:
History of Cameroon legal system

Fundamental principles underlying the administration of justice in Cameroon

The Legal organization (the courts)

▪ Courts of original jurisdiction
▪ Courts of appellate jurisdiction
▪ Special courts

Criminal responsibility
▪ Classification of offences
▪ Types of sanctions,
▪ Defences to criminal responsibility

Civil responsibility
▪ contract
▪ Tort (negligence, defamation, invasion of privacy, battery, assault etc)

Law of persons (The right to legal personality)

▪ The beginning
▪ End of legal personality
▪ Identification of a person

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 CHAPTER ONE
INTRODUCTION TO THE CONCEPT OF LAW
DEFINITION OF LAW: Laws could be defined as rules and regulations set forth by competent
authorities to regulate the conduct of individuals in the society, a breach of which attracts sanctions.
This competent authority is the legislator (which is the parliament in Cameroon).

CHARACTERISTICS OF LAW

1) It should be promulgated or passed by a legitimate or constituted authority that is, made known to
those who are expected to follow it. In a State like Cameroon, we have three branches of government:
legislative body (the parliament) is the law-making body; the executive body is the implementing body
and the judiciary as the enforcing body.

2) It should be General in applicability: the treatment accorded by the Law should be equal, regardless
of position, sex, age and status in life. The law applies to everyone, poor or rich, big or small, powerful
or weak.

3) It is backed by sanctions for it non-respect: all law passed are meant to be enforced and must be
enforced. Force has been said to be the essence of any law. There are various ways in which obedience
to the law can be assured such as by a threat of a prescribed penalty against anyone who violates it,
thus its violation leads to punishment.

4) Law should be obeyed by all without exception.

5) Law should aim at doing justice and not injustice.

FUNCTIONS OF LAW (importance)

1) Law maintains peace and order in a society.

2) Law resolves or settles social disputes between citizens in a country.

3) Law regulates human conducts in a society.

4) Law act as a standard settling and control mechanism in a society.

5) Law defines the right and obligations of citizens in a country.

6) Law structures the organs of government and confesses to them the power they exercise.

7) Law acts as an instrument of communication and enforcement of social values.

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 CLASSIFICATION OF LAW
Classification into public law and private law
A. Public Law
Public law is that part of law which governs relationships between individuals and the government.
The role of public law is to regulate the relationship between the state and individuals. Public law
comprises constitutional law, administrative law, tax law and criminal law among others. Public law
is especially important because it provides checks and balances. This means that this area of law
ensures that the government does not abuse its power over individuals and that they use their power in
a fair and proper manner.
Some branches of public law
• Constitutional law is a body of law dealing with the fundamental principles by which a
government exercises its authority. These principles typically define the roles and powers of the
various branches of the government and the basic rights of the people. Constitutional law is derived
from a written document: the
Constitution. In most cases, constitutional law evolves over time it is modified by the government’s
legislative or parliamentary branch and interpreted by its judicial branch. Common elements of
constitutional law include the provision and assurance of human rights and civil liberties, the division
of governmental powers, and assurance of protection under the rule of law.
• Administrative law refers to the body of law which regulates bureaucratic managerial
procedures and defines the powers of administrative agencies. These laws are enforced by the
executive branch of a government
• Tax law is the body of law that sets out the rules and regulations on who, how, when, and how
much must be paid as taxes to local, or state, and authorities.
• Criminal law refers to a body of laws that apply to criminal acts. In instances where an
individual fails to adhere to a particular criminal statute, he or she commits a criminal act by breaking
the law.

B. Private Law
Private law is the law which regulate the relationship between citizens in a states such as the law of
contract, law of tort, labour law, family law and law of succession among others.
For instance, family law deals with family-related issues and domestic relations including
marriage, civil unions, divorce, spousal abuse, child custody and visitation, property, alimony, and
child support awards, child abuse issues, and adoption. Succession law deals with affairs such as estate
planning, testate and intestate succession.

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 In general terms, private law involves interactions between private individuals, whereas public law
involves interrelations between the state and the general population.

Assignment: Differentiate between private and public law.

Classification into Substantive and Procedural law

Substantive law is the law that defines the rights and duties or obligation of citizens within the state
while procedural law is the law that gives the steps to fellow in court if the rights accorded to you have
been violated.
Classification into Common and Civil Law.
Common law is judge made law. It is laws that was made or develop by the English judges based on
the custom and tradition of the English people. Common law is largely unwritten and not codified.
Common law is practice in the English speaking Regions of Cameroon. Civil law originated from
Ancient Rome, it is largely written and codified. It is practice in the French speaking Regions of
Cameroon
Classification into Civil law and Criminal law
Civil law is that law enforced by private individuals with the intension to compensate the injured or
aggrieved party while criminal law is law enforced by the state with the intension of punishing the
wrong doer and also to prevent crimes from being committed in the society.
Classification into Domestic (National or Municipal law) and International law
Domestic or municipal law is law that governs people within a given country. While international law
is law that govern or regulate interstate relationship. Example, maritime law, law on diplomatic
relationship, law of aviation etc.

CHAPTER TWO
SOURCES OF LAW IN CAMEROON
The sources of law are varied and include:
1. Constitution:

This is the highest law in a country. It is the fundamental law that governs a nation in relation to its
citizens. It provides mechanisms for the maintenance of order and ensures the general welfare of its
citizens. The constitution consists of the fundamental principles on which a State is governed. It
indicates how the government should be structured and empowered. It is the political and legal
machinery of the state. All laws must conform and comply with the provisions of the Constitution,
otherwise they become unconstitutional. The Constitution of Cameroon is the supreme law of the

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 Republic of Cameroon. Although the constitution is the highest law of the land, it is restricted from
infringing on certain liberties such as freedom of speech and worship.

2. Legislations or Statutes:

The most important source of law at the present day is legislation or statute. This is law that emanate
from the legislative (law making) bodies of the State. In Cameroon, the main legislative (law making)
body is called the parliament which is made up of the senate (upper house of parliament) and the
national assembly (lower house of parliament). Legislation is a principal source of law in Cameroon
and article 14 (1) of 1996 constitution of Cameroon provides that, Legislative powers shall be exercised
by the parliament.

3. Ordinances

Ordinances are unilateral legal texts passed by the President of the Republic which are regulatory in
nature and becomes statute (law) once they have been ratified by parliament. The right to make laws
is not only limited to the legislature. There are some areas of competence legally extended to the
executive to enact laws. This falls normally within the scope of powers given to the executive by the
Constitution. This domain is solely reserved to the executive and cannot be encroached into by
parliament. In this light, section 28 of the 1996 Constitution of Cameroon gives the Head of State
limited powers to legislate by way of Ordinances.

The ordinances enter into force on the date of their publication automatically without having to be
submitted to the National Assembly. These Ordinances have the same status as legislation when
parliament has not refused to ratify them.

4. Decrees

A decree is a legal act taken by the Executive in the exercise of regulatory powers which become
binding on the citizens after it has been published in the official gazette. In Cameroon, the executive
has powers to make laws by way of Decrees and Decisions. Thus, we can talk of autonomous or derived
powers to make decrees. Section 26 of the Constitution for instance gives the Head of State
autonomous powers to make laws in certain domains by way of decrees. This domain is solely reserved
to the executive and cannot be encroached into by parliament.

Derived or delegated power to make laws comes into being when the parliament confers on the
executive the power to make legislations in specified domains. For instance, a law may be voted by
parliament and that same law may have a disposition that it will be rendered applicable by a text of
application. This text of application will be by way of Decree of the President of the Republic or the
Prime Minister.

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5. Case law (Common law /Judicial Precedent)
This is law made by judges in court based on the doctrine of binding precedent. This is a common law
practice where by decisions of judges in past cases are used to deliver a present judgment. This reduces
efforts and time and it is mostly used when both cases have similar material facts. This is one of the
most important primary sources of law, certainly the most important for jurisdictions that follow the
common law system like in the English speaking part of Cameroon.

Under the common law system, the case that comes first sets down the rule by judicial decision, such
that when subsequent cases involving similar facts arise, judges are bound to follow the existing
judicial decision (laid down in the first case). This gives rise to the doctrine of binding precedent or
Stare Decisis in the Latin expression which means to stand by what has been decided (whereby the
judge is not merely to refer to earlier decisions for guidance; he is bound to apply the rules of law
contained in those decisions).

If, however, the court finds that the current dispute is fundamentally distinct from all previous cases
and legislative statutes are either silent or ambiguous on the question, judges have the authority and
duty to resolve the issue that is, to make law by creating a precedent and it will bind future cases with
similar facts.

6. Customary laws
A custom is the practice, traditional believe or way of life of people living within a given community
or society. For a custom to be consider as law in Cameroon, the custom must fulfill the provisions of
section 27 of the southern Cameroon High court laws of 1955, (27 SCHL 1955), according to this
section, a custom is only considered as law if that custom is not repugnant (contrary/ against) to equity,
natural justice and good conscience. It goes further to state that the custom should not be contrary to
the policies of the state, must have existed for a long period of time, observed as upright and accepted
by all.

7. International Treaties and conventions

An international treaty is an agreement between two or more states. According to section 45 of the
constitution of Cameroon, all international treaties duly ratified shall be applicable in Cameroonian. In
a situation where a national law is in conflict with a treaty, the treaty shall override the national law
(except the constitution).

When these agreements have been signed, they become part and parcel of national law of the
contracting parties when all the formalities for their validity and entry into force have been
accomplished. In Cameroon, treaties and international agreements are negotiated and ratified by the
head of state upon authorization by the parliament and that treaties falling within the area of

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 competence of the legislative power are submitted to parliament for authorisation to ratify. In
Cameroon, duly approve and ratified treaties and international agreements override national laws
following their publication, provided that the other contracting party or parties to the agreement or
treaty implement the said agreement or treaty. In clear terms, treaties and international agreements
dully ratified by Cameroon becomes part and parcel of our national law and ranks higher than our
national law except the constitution.

HUMAN RIGHTS

The concepts of human rights

Human rights are rights inherent to all human beings, whatever our nationality, place of residence,
sex, ethnic origin, colour, religion, language, or any other status. We are all equally entitled to our
human rights without discrimination.

Note: The atrocities of the Second World War made the protection of human rights an international
priority.. The human rights era started with the formation of the United Nations in 1945, which was
charged with the promotion of human rights. The United Nations allowed more than 50 Member States
to contribute to The Universal Declaration of Human Rights (proclaimed/adopted by the United
Nations General Assembly in Paris on 10 December 1948 by General Assembly resolution 217 A (III)
as a common standard of achievements for all peoples and all nations).

It was the first major document at the global level to spelt out fundamental rights and freedoms shared
by all human beings. It stated in clear and simple terms rights which belongs equally to every person
whether sick or in health. It provides in article 1 that all human beings are born free and equal in dignity
and rights.

Every human being has the basic fundamental rights which government must uphold and respect. It is
based on the belief that, all people, where ever they live have the same basic needs. Fundamental rights
and freedoms that are universally protected have developed over the decade. They include;

1) The right to live

2) Freedom from slavery

3) Freedom from torture

4) The right not to face discrimination because of race, ethnic origin or religion
5) The right to face trial
6) Freedom of thought
7) The right not to be arrested and imprisoned arbitrarily
8) freedom of opinion and expression

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9) the right to work and education, etc

Characteristics of human rights

1. Human rights are inalienable This means that you cannot lose them, because they are linked to the
very fact of human existence, they are inherent to all human beings. In particular circumstances some
– though not all – may be suspended or restricted. For example, if someone is found guilty of a crime,
his or her liberty can be taken away; or in times of national emergency, a government may declare this
publicly and then derogate from some rights, for example in imposing a curfew restricting freedom of
movement.
2. Inherent: everyone is born with them.
3. Human rights are indivisible, interdependent and interrelated: This means that different human
rights are intrinsically connected and cannot be viewed in isolation from each other. The enjoyment of
one right depends on the enjoyment of many other rights and no one right is more important than the
rest.
4. Human rights are universal: This means that they apply equally to all people everywhere in the
world. Every individual is entitled to enjoy his or her human rights without distinction of "race" or
ethnic background, colour, sex, sexual orientation, disability, language, religion, political or other
opinion, national or social origin, birth or other status
5. Fundamental: Human Rights are fundamental rights because without them, the life and dignity of
man will be meaningless
Classification of human rights
Human rights can be classified and organized in a number of different ways, at an international level
the most common categorization of human rights has been to split them into civil and political rights,
and economic, social and cultural rights.

Civil and political rights are enshrined in articles 3 to 21 of the Universal Declaration of Human Rights
(UDHR) and in the International Covenant on Civil and Political Rights (ICCPR).

Economic, social and cultural rights are enshrined in articles 22 to 28 of the Universal Declaration of
Human Rights (UDHR) and in the International Covenant on Economic, social and cultural Rights.

Sources of human right

At the national level, we have the constitution of the state as well as national legislations relating to
human rights.

At the international level, the primary sources of Human rights are obviously and the various human
rights documents and treaties.e.g:

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- the United Nations Universal Declaration of Human Rights
- International Covenant on Economic, Social and Cultural Rights (ICESCR).
- International Covenant on Civil and Political Rights (ICCPR).
- African Charter on Human and Peoples' Rights
- American Convention on Human Rights
- Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
- Convention for the Protection of Human Rights and Fundamental Freedoms, also known as the
European Convention on Human Rights (ECHR)

- Convention on the Elimination of All Forms of Discrimination Against Women

- Convention on the Political Rights of Women
- Convention on the Prevention and Punishment of the Crime of Genocide

HISTORY OF THE CAMEROON LEGAL SYSTEM

There is no State in the world without a legal system. In as much as the Republic of Cameroon has a
dual heritage, it may also be interesting to know that there is no text or law in Cameroon that identifies
the various legal systems existing in country. This does not mean the space for the meaning of a legal
system will be left blank. For the sake of this study and to better orientate the mind of the students to
have a good grasp of the subject matter, “A Legal System refers to the process of interpreting and
enforcing the law. It can also be seen as a system of law approved by the legislature to govern the
state”.

The Cameroon Legal System has an interesting history. Our legal system is a reflection of our colonial
heritage. It should be recalled here that after the First World War when Germany was ousted from
Cameroon, thanks to the joint efforts of the British and French, there was need to share the entire
territory of Cameroon between Britain and France and as a result, France took up 80% and Britain
occupied 20%. These 80 and 20 percent constitutes what are today the French and English Regions of
Cameroon respectively.

To ease their administrative activities in Cameroon, Britain and France brought in their laws from
their respective countries to regulate their affairs in their respective areas. As a result, the British
brought in the Common Law to apply in the British Provinces of Cameroon while the France brought
in the French Civil law to apply in French Cameroon. This is why and how Cameroon came about with
a dual Legal system of laws; that is the Common Law and the Civil Law legal systems.

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The differences between civil and common law

The key difference between these two legal foundations is that civil law is codified whereas common
is not, at least not in the same way.

CIVIL LAW COMMON LAW

Legal system Legal system originating in Europe whose Legal system characterized by case law, which
most prevalent feature is that its core is law developed by judges through decisions of
principles are codified into a referable courts and similar tribunals.
system which serves as the primary source
of law.

Role of In a civil law system, the judge’s role is to Judges decide matters of law and, where a jury
judges establish the facts of the case and to apply is absent, they also find facts. Most judges
the provisions of the applicable code. rarely inquire extensively into matters before
Though the judge often brings the formal them, instead relying on arguments presented
charge. by the part

Precedent Only used to determine administrative of Used to rule on future or present cases
constitutional court matters

Role of In cases of civil law, the opinion of the juryJuries are comprised only of laypersons —
juries may not have to be unanimous. Laws vary never judges. In the U.S., juries are employed
in both civil and criminal cases. Their function
by state and country. Juries are present is to weigh evidence presented to them, and to
almost exclusively in criminal cases; find the facts and apply the law.
virtually never involved in civil actions.
Judges ensure law prevails over passion.
History The civil law tradition developed in Common law systems have evolved primarily
continental Europe at the same time and was
in England and its former colonies, including
applied in the colonies of European imperial
all but one US jurisdiction and all but one
powers such as Spain and Canadian jurisdiction. For the most part, the
Portugal. English-speaking world operates under
common law.

Type of Inquisitorial. Judges, not lawyers, ask Adversarial. Lawyers ask questions of
argument and questions and demand evidence. Lawyers witnesses, demand production of evidence, and
role of lawyerspresent arguments based on the evidence the
present cases based on the evidence they have
court finds. gathered.

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N.B. Cameroon has two major legal systems to which two again can be added. The two main legal
systems of Cameroon came from France and Britain as a result of colonization.

STUDY QUESTIONS

Differences between Common Law and Civil Law

1. Different from their source or origin. Common Law originates from English Law while Civil
Law originates from Roman Law.

2. Common law is more of case law or judge made law while civil law is written in texts and
other statutes.

3. Decisions within the Common Law are considered binding in general while decisions in civil
case apply to that case only.

Question: Q1- Briefly describe the Cameroon legal system

Q2- Identify and discuss the various legal systems practiced in Cameroon

CHAPTER 3

FUNDAMENTAL PRINCIPLES UNDERLYING THE ADMINISTRATION OF JUSTICE IN

CAMEROON

Justice may be defined as the fair and proper administration of law. Unlike other legal issues, the
question of justice is a universal one because it is a question that has been considered during all periods
and by all countries as part of the order of values. In other to ensure its smooth functioning and
organization, the public service of justice is governed by a number of principles.

The administration of justice is the process by which the legal system of a government is executed. It
should be noted with care that there are principles which govern the organsiation and functioning of
justice in Cameroon.

Public service of justice must respond to a multitude of needs. In this vein, justice must be capable of
responding to all legal issues. Courts and tribunals must therefore be specialized. In the same vein,
judges have an obligation to perform their duties with impartiality and independence. Again, their
decisions must be a consensus or a compromise. Finally, the public service of justice must be able to
function in everyday life, in a hierarchical manner. This hierarchy applies to both courts and personnel.
All of the above can be achieved if the public service of justice conforms to a number of principles.

We shall begin straight away with examining these principles governing the organization and
functioning of justice:

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1. The Principle of Separation of Power

This principle has a dual meaning. In the first place, it means that there should be separation of different
types of courts. Administrative courts should be different from judicial courts. Administrative courts
are courts which settle disputes between the administration and private individuals while judicial courts
settle disputes between private individuals. Also, judicial courts should be divided into civil courts and
criminal courts. While civil courts handle social and commercial matters, criminal courts handle
matters relating to the commission of offences.

Secondly, the principle of separation means that there should be separation between the various
personnel in charge of rendering justice.

2. The Principle of Hierarchy

This principle means that, there should be a necessary hierarchical relationship between the various
courts. Several reasons have been advanced for this. The principle of hierarchy is a guarantee which
favours litigants (plaintiffs and defendants). it enables litigants to appeal to a higher court against the
decisions of a lower court.

3. The Principle of Independence and Impartiality

Today, this principle is recognized both by national and international law. Considered as a fundamental
human freedom and as a universal norm, the principle of independence and impartiality is ranked
amongst the first values of the Code of Judicial Conduct adopted on 25 to 26 November 2002 at The
Hague. The principle of independence and judicial impartiality is expressed by the phrase “everyone
is entitled to have his case tried by an independent and impartial tribunal”.

The independence of the judiciary is a necessary prerequisite to the principle of freedom and it is a
fundamental guarantee of the right to a fair trial. Impartiality is essential for the proper discharge of
judicial functions. The judge must not only be impartial in his decisions, he must also be impartial
during the process leading to his decision.

4. The Principle of Collegiality/Panel of Judges

This is a relative principle. It attempts to provide an answer to the question of whether a case should
be heard by a single judge or by several judges who sit in a panel or college. The advantage of
collegiality consists in that it allows judges to take a decision which is as a result of a consensus or
accord between the various judges. Such a decision is usually sound. However, in practice, collegiality
has many disadvantages. For example it is usually more expensive and time consuming. These
disadvantages have led to a series of objections against the principle of collegiality to the extent that

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there are contemporary or modern trends in favour of a system of single judge rather than a system of
college/panel of judges.

In Cameroon, there has been an adoption of a mixed system. While there is the application of a system
of a single judge or unique judge in the Court of First Instance and the High Court, collegiality is being
used in in the Court of Appeal and the Supreme Court.

5. The Principle of Equality before the law

It is first of all necessary to understand the meaning of the principle. The principle does not mean that
all individuals are always physically, intellectually and socially equal. Rather, it means that all
individuals have equal rights to be heard by the same courts following the same laws since the courts
and laws are the same for everyone. This principle originated from the Universal Declaration of Human
Rights of 1789. Today, equality before the law is regarded as a general principle of law. Ultimately,
the principle of equality before the law means that all individuals found in the same situation must be
tried by the same courts, following the same procedural and substantive rules.

6. The Principle of neutrality of the Judge

It is a fundamental guarantee that benefits all litigants. This principle is stated in relatively clear terms:
“everyone is entitled to have his case heard fairly, publicly within a reasonable time by an independent
and impartial tribunal”.

This principle has a double interpretation. Firstly, it has a technical significance. The judge has to play
a much more passive or reserved role. He is not to take sights with any of the parties. He is to maintain
his independence regardless of whether or not the procedure is accusatorial or inquisitorial. In the
accusatorial system, the judge plays a more passive role. The evidence and the witnesses are arranged
and examined by the counsels themselves while in the inquisitorial system; the judge plays a very
active role in examining witnesses and arranging evidence. Whether he is actively or passively
involved in the proceedings, the judge must be neutral.

Also, the principle of neutrality of the judge has a social or political significance. Here, the principle
means that the individual must be protected against the judges personal beliefs (social or political).
The judge must be absolutely impartial. Therefore, the decision he adopts, must not take into
consideration the individuals involved, it must not be influenced by social or political category to which
they belong.

Finally, the principle of social and political neutrality requires the judge not to be influenced by his
personal ethics and beliefs.

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7. The Principle of Permanence and Continuity

This principle specifically states that the public service of justice should operate without any
interruption. This principle has to be examined in the context of judicial holidays and strikes.

▪ Judicial Holidays: should the courts stop working during judicial holidays or vacations? Two
main answers have been given to this question. According to the first, courts should close at certain
times (vacation) of the year. According to the second, the courts are to remain open to individuals even
during vacations because of the principle of continuity of public service of justice. In Cameroon, both
answers have been adopted. Thus, during judicial vacations, the courts remain open but operate
intermittently.

▪ Strikes: can judges and other judicial staff exercise their right to go on strike? Judicial officials
have the right to go on strike because it is a right recognized by the constitution. However, during such
strikes, they are obliged to provide minimum services.

8. The Principle of Gratuity of Justice

According to this principle, magistrates or judges are not to be paid by litigants before justice is
rendered. There should be free access to the courts. In reality, the public service of justice is a free
service whose cost is borne and supported by the State through taxes.

However, the services of advocates, solicitors and other legal practitioners are not free. Litigants must
therefore pay legal fees and other stamp duties (taxes levied on legal documents). Considering the
economic situation of some litigants, the government has provided legal aid so as to assist them. This
legal aid is intended to ensure access to the courts.

9. Principle of non –retroactivity of law

The preamble of the 1996 constitution of Cameroon provides that the law may not have retrospective
effect. That is, no person may be judged and punished, except by virtue of a law enacted and published
before the offence was committed.

10. Justice is brought nearer to the people

This is to decentralize the courts to at least every subdivision to have a court of first instance, high
court, in each division and the court of Appeal at every regional headquarters.

11. Justice must be administered in public

The 1996 constitution of Cameroon provides in it preamble that the law ensures the right of everyone
to a fair hearing before the courts. This embodies the fact that a party and his witness must be heard,
to the extent where the court produces an interpreter to a witness who does not understand the language.

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12 Judgment must be a reasoned one

According to article 5 of the judiciary organization ordinance of 1972, all judgments must set out the
reasons for which they are based in fact and in law. Any breach of this provision renders the judgment
null and void. The reason is to avoid judgment which may be arbitrary and capricious.

CHAPTER 4
THE COURTS AND THEIR JURISDICTIONS
In Cameroon, the Court system is governed by law no 2006/015 of 29th December 2006 on the Judicial
Organization of courts Cameroon modified and completed by law no 2011/027 of 14th December
2011. The courts can be classified under three main heading: courts with original jurisdiction, courts
with appellate jurisdiction and courts with special jurisdiction

A. COURTS WITH ORIGINAL JURISDICTION

1) Customary courts have competence in civil matters. Customary marriages, divorce and
inheritance. Customary law courts apply the custom of the parties. Note should be taken that customary
law courts have no competence in criminal matters. Note should also be taken that where the law has
reserved a particular area exclusively to other courts, the customary law courts do not have
competence. Customary court is for Christians and the Alkali court is for Muslims. Judgments
delivered in these courts can be appealed against by an unsatisfactory litigant in the court of appeal of
the region where the judgment was delivered.

2) Courts of First Instance have competence in Criminal Matters to hear all offences classified
as misdemeanors and simple offences. It is competent to grant bail. It also have competence to hear
Civil, Commercial and Labour Matters where the amount of damages claimed does not exceed
10.000.000 FCFA. It is competent to entertain actions for the recovery of civil and commercial debts
not exceeding 10,000,000 FCFA through the simplified recovery procedure. This court is established
in every subdivision, though exceptionally, one court of first instance can cover more than one
subdivision.

3) High Courts have competence in Criminal matters to try felony related offences and to grant
bail in felonious offences. In Civil, Commercial and Labour matters: To hear cases related to the status
of persons, marriage, divorce, filiations, adoption, inheritance; Recovery of debts exceeding
10.000.000 FCFA; and cases where damages claimed exceed 100,000,000FCFA. It is established in
every Division thought exceptionally, one High court can cover more than one Division.

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B. COURTS WITH APPELLATE JURISDICTION

1) Courts of Appeal: It hears appeals against judgments and decisions of customary law courts,
the courts of First Instance and the High Courts. The time limit for appeals in criminal matters is 10
days. Each Region has a court of Appeal (regional Appeal court) found in the headquarter of the region.

2) The Supreme Court: The seat of the Supreme Court is in Yaoundé. Its function is to ensure
that judgments of lower courts are in consonance with the law. It receives appeals from the various
Courts of Appeal, the Lower courts of Administrative litigation, The Lower or Regional Audit Courts.
The Supreme Court is made up of the Judicial Bench, the Administrative Bench and the Audit
Bench.

▪ The Judicial Bench: Appeals from the 10 Regional courts of Appeal go to the Judicial
Bench. These appeals are on civil, criminal, and customary law cases. Appeals in commercial 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 hears appeals against decisions in disputes relating to

regional and council elections. It is also competent to hear appeals from the lower courts of
administrative litigation.

▪ The Audit Bench: It controls and rules on the accounts of State, public and semipublic
enterprises. It also gives final judgment on the decisions of Regional Audit Courts.

C. COURTS WITH SPECIAL JURISDICTION

▪ Military court: They have competence amongst others to carry out trials for: theft committed
by the use of fire arms; offences committed by military men in a military establishment or in the
exercise of their duties; offences committed by civilians in a military establishment which causes
damage to military equipment or to the physical integrity of a military man; offences relating to the
purchase, sale, production or keeping of military apparels.(govern by law N0 2008/015 of 29 December
2008 to organize military justice and lay down rules of procedure applicable before military tribunals)

▪ Court of impeachment: shall have jurisdiction to try the following persons in respect of acts
committed in the exercise of their functions: the president of the republic for high treason and the prime
minister, members of government and high ranking persons such as senior government officials to
whom power has been delegated to.

▪ The state security court: has exclusive jurisdiction to try felonies and misdemeanours against
the internal security of the state.

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 ▪ Special criminal court: specialize in handling cases related to misappropriation of public
funds, corruption and embezzlement of public funds.

▪ The constitutional counsel: established at the national level and it is based in Yaoundé. It
oversees and proclaim results of elections in the country. It also handles and hears petitions against the
conduct and the results of the election. It administers oath of office of the new president of the country.
Its members are appointed by the president of the republic. It handles cases touching on the
constitutionally of laws.

PERSONNEL OF THE COURT AND THEIR FUNCTIONS

Function of a judge

▪ He has the duty to render justice and to do so with impartiality

▪ He is also in charge of settling dispute and rendering judgment in a given case

▪ He chairs and takes records in all proceedings

▪ He also has the duty to prevent the commission of crimes in a society

In discharging the above functions, the judge is expected to be neutral, impartial and his judgment must
be subjected to the law and his conscience

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 calls up cases from the case list

Function of the Bailiff

▪ He is a process saver
▪ He ensures that court judgments are well executed
▪ He carries out auction sales of seized properties in the public

Function of the Lawyer

▪ They act as advisers to their clients
▪ They represent their clients in court
▪ They ensure that judgment passed in favour of their client is well executed
▪ They receive payment on behalf of their client.

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▪ They carry out legal drafting for their client.

Function of the judicial police

• They are auxiliary of the state council
• They investigate offenses
• They collect evidences
• The identify and bring offender before the state council
• They also play the role of a process saver like the bailiff
• They receive complains from the general public

CHAPTER 5

CRIMINAL RESPONSIBILITY

Criminal law handles offences committed against the state. These offences are called crimes. In such
cases, the legal department represented by the state counsel prosecutes on behalf of the state. Examples
of crimes: theft, cloud on parentage, abortion, rape, sexual harassment etc.

Section 74(2) of the Cameroonian penal code (PC) provides that criminal liability shall lie on he who
intentionally commits each of the ingredient act or omission of an offence, with the intention of causing
the results which completes it. This tells us that criminal responsibility is personal.

The two elements that makes up an offence are: the mens Rea (the intention to commit the offence)
and the Actus Reus ( physical act that makes up the crime/the act of committing the offence/guilty
act).

Classification of criminal offences

Offences shall be classified as felonies, misdemeanours and simple offences according to the principal
penalties provided for them, as follows:

1. Simple Offence: It is an offence punishable with a term of imprisonment of up to 10 days or a

fine of not more than 25.000 FCFA

2. Misdemeanour: it is an offence punishable with loss of liberty from 10 days to 10 years or

with a fine of more than 25.000 FCFA

3. Felony: It is a serious offence punishable with death or a term of imprisonment of more than
10 years.

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Parties to crime

a. An offender: a person who commits an offence or offences

b. Co-offender: person who jointly commit an offense or offences

c. Principal offender: the person who actually carried out the act. He can also be called the
perpetrator.

d. Accessory: someone who helped or assisted the principal offender in the commission of the
offence

e. A suspect: a person who is alleged to have committed an offence or one againt whom there is
clue that he/she has committed an offence.

f. An accused: a person who is already standing trial in a court of law for an offence.

g. Convict: one who has been duly tried and pronounced guilty of an offence.

h. Victim: a person who has suffered a wrong.

Types of Sanctions/Penalties for a crime

a) Principal penalties
Section 18 of the penal code provides that the principal penalty shall be death, loss of liberty whether
by imprisonment or detention and a fine. It should be noted that the legislator may at any time prescribe
some special penalties and measures by special law but they are restrictive in so far as concerns the
penalties and measures of the ordinary law.
1. The Death Penalty
This is the most serious penalty provided by the penal code. The execution of the death penalty is
governed by the provisions of section 22 of the Penal Code. The section prescribes that every death
sentence shall be submitted to the president of the Republic for commutation (that is, review and giving
of cosent).
Further, in keeping with the first requirement, no execution of the death penalty shall be carried out
until the president of the Republic shall have notified his refusal to commute such a sentence. In case
of a pregnant woman, the sentence can only be carried out after her delivery.
Finally, no execution shall take place on a Sunday or any public holiday. The execution of the death
penalty shall be by shooting i.e. by firing squat as recorded by the judgement and shall be in-public.
After execution, the corpse of the offender may be returned to the family upon request but on condition
that burial is carried out quietly and with no mourning. (See generally section 22 and 23 of the Penal
Code.)

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 2. Imprisonment
Imprisonment is defined in section 24 as loss of liberty during which the offender shall be obliged to
work subject to any contrary order of the judge for reasons to be recorded in the judgment. It is
imperative that if the prisoner is to be dispensed with the obligation to work, reasons for such
dispensation must be recorded in the judgment, and proceeds from the work of the prisoner constitutes
the prison fund.
3. Detention
This is another form of loss of liberty. Detention is imprisonment for a political offence. During the
period of detention, the prisoner, unlike the common law prisoner is not obliged to work. He shall be
confined in a special establishment or if he is kept in the same premises with other prisoners, he shall
be separated from them.
4. Fines
A fine is a pecuniary compensation which an offender pays to the state. They are usually paid in place
of an imprisonment term. However, there are instances where the convicted person serves both the
term of imprisonment and also pays a fine. It is mostly for simple offences that fines are imposed.
Where an offender is fined and he is unable to pay the said fine, he would have to serve a term of
imprisonment. (See section 53 (2) of the Penal Code).
Accessory penalties (see sections 30, 34, 33, 35 of the penal code)

a Forfeitures
b Publication of judgment
c Closure of establishment
d Confiscation
e The court may also impose preventive measures such as Bann on occupation

Standard of Proof under Civil Law and Criminal Law:

The standard of proof is different under Civil Law and under Criminal Law. In Civil Law, the stanadrd
of proof is based on the balance of probabilities, while in Criminal Law, the standard of proof is beyond
reasonable doubt.

Defences to Criminal Responsibility in Cameroon

Where a person commits an act or fails to do something which constitutes the actus reus of a particular
offence then he is criminally responsible and the prosecution can equally prove the requisite mens rea.
However, in spite of the presence of the actus reus and the requisite mens rea, the accused can raise
some defences to evade conviction or mitigate his sentence.

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1) Lack of intention: this is when the act (crime) took place without mens rea. But if someone
causes the death of another unintentionally, the person will still be punished even in the absence of
mens rea.

2) Provocation The defence of provocation is not an absolute defence, but merely diminishes
responsibility. (See section 85). The problem of proportionality is also encountered here as in the case
of lawful defence. As in the earlier defence, the act need not be necessarily to the detriment of the
defendant himself, it may be against any relative of his, and not members of the general public.

3) Mistake: the accused may show that he/she acted by mistake. Mistake negates intention or
recklessness. But it should be recalled that according to section 75 of the Cameroon Penal Code,
ignorance of the law is no excuse.

4) Insanity: insanity may be proven if the accused acted under a defect of reason caused by a
disease of the mind such that he or she did not know the nature of what he or she was doing. (see
section 78 of the PC)

5) Intoxication: this is a type of legal insanity, and it may negate mens rea if it cannot be proven
that the accused intentionally intoxicated himself in order to have the courage to commit the crime.
This may be taken into account when pleading mistake. (see section 79 PC)

6) Threat: no criminal offence shall attach to an act or omission committed as a result of threats.
(see section 81 PC)

7) Obedience to lawful authority: No criminal responsibility shall arise from an act performed
on the orders of a competent authority to whom obedience is lawfully due. Example Andy cannot take
orders from his father to go and still. Authority here refers administrative authority. (see section 83
PC)

8) Infancy: In our criminal law, infants are considered to be people under the age of 18 years .
No criminal responsibility shall arise from the act or omission of a person aged less than 10 (ten) years.
(see section 80 PC) a minor cannot be held criminally liable: he is considered a doli incapas.

The problem of criminal responsibility of infants is treated under section 80 of the Penal Code which
provides as follows:

(i) " No criminal responsibility shall arise from the act or omission of a person aged less than 10
years.

(ii) An offence committed by a person age more than 10 years and less than 14 years may attract
only such special measures as may be provided by the law.

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(iii) For an offence committed by a person aged over 14 and under 18 years, responsibility shall be
diminished.

(iv) a person aged 18 years or over shall be responsible as an adult.

(v) The age relevant to this section shall be that attained at the date of commission".

Our Penal Code divides minors into three categories. The first category is that of children under 10
years. These children are criminally not responsible. It is argued that they cannot commit an offence.
As such they are entirely exempted from criminal responsibility. Criminal responsibility begins on the
10th birthday. This is commonly stated as a presumption that a child is “doli incapax”. The result of
this rule is that while no crime is deemed committed by the minor, any adult who instigated him to
carry out the act is treated as the principal offender and not as an accessory.

The second category of infants is those aged 10 years but below 14 years. Minors in this category may
not be subjects of the penalty and preventive measures reserved for adults. They are subject to such
measures as specially provided for by the law on juvenile delinquency. There are also special courts to
try such minors. The essence of the trial is not to convict him, but to see what special measures will
best reform and re-educate the minor.

The third category of minors are those aged 14 but below 18years. An infant in this category is
considered entirely criminally responsible. However, a minor under this category will benefit from a
partial defence of diminished responsibility (see section 87).

Some criminal offences

1 Abortion: this is the termination of a foetus before due date. It is considered unlawful if the abortion
is not supported by the law. Thus abortion is of two types: legal and illegal.

Punishment for illegal abortion

The lady is punished with imprisonment of from 15days to 1year or fine of 5000 to 200,000 frs or with
both fine and imprisonment.

The person who procures her abortion not withstanding her consent is punished with imprisonment of
1year to 5 years and with fine of from 100.000 to 2,000,000 FRS

2 Rape: it is usually referred to as a male offence. Iit is the act of having sexual intercourse forcefully
with a person of the opposite sex against the person’s wish. Rape is punished with imprisonment of
from 5 to 10 years.(S.296 of PC)

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3. Sexual harassment: this is unwelcome sexual advances made by a person in authority. Most health
professionals use the authority conferred on them by their position to harass their clients and
subordinates using threats, constraints, orders or pressure. Most professinals use it as a means for job
offer, reduction of the client’s medical treatment cost. To deter sexual harassment, report the harasser
using the chain of command, confront the harasser, and get a lawyer to help you out.

CHAPTER 6

CIVIL RESPONSIBILITY (CONTRACT, TORT)

Liability may also be invoked in the event of poor performance or, total or partial failure of obligations
based on a care contract .It can result in compensation to the victim, who is given a financial
compensation (damages) for the damage/injury suffered. Professional liability may be covered by
insurance.

A. Contract

A contract can simply be defined as a legal binding agreement between two or more persons creating
rights and obligations and enforceable by the court. For the to be an enforceable contract, there must
be Consensus Ad Idem, that is, all the parties to the contract must come to a mutual agreement (meeting
of the minds)

Some classifications of contract

Express and implied contract

An express contract is when the intention of the parties is clearly stated in writing or orally. An implied
contract on it part is one which the terms are not so clearly stated, that is the intention of the parties
has to be inferred from their conduct and the general circumstances of the case.

Bilateral and unilateral contracts

A bilateral contract occurs where a promise or set of promises on one side is exchanged for a promise
or set of promises on the other side. Thus there is reciprocity in obligations. A Unilateral contract is
one where one party promises, leaving the other party to decide whether or not to perform the
conditions.

Valid, void, voidable and illegal contracts

A valid contract is one which fulfills all the essential requirement of a valid contract.

A contract is void if it lacks one of the essential elements of a valid contract so that in reality, it does
not exist at all.

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A voidable contract is one which is valid unless and until it is brought to an end at the option of one
of the parties usually the innocent party.

An illegal contract is a contract which is prohibited by the law, illegal contracts go against public
policy (morality) or have been entered into for illegal or immoral purpose.

ELEMENTS REQUIRED FOR THE FORMATION OF A VALID CONTRACT

A valid and enforceable contract will contain a number of elements that distinguishes it from a mere
agreement. They are: Offer and Acceptance. Consideration, Intention to be legally bound and Legal
Capacity

1. Offer: The first elements in a contract would be offer. It is one of the elements to make sure that the
contract is legally valid or acceptable. An offer is an expression of willingness to contract on certain
terms. It must be made with the intention that it will become binding upon acceptance. There must be
no further negotiations or discussions required. To make an offer, there should be at least two parties
or even more so that, if the offer is accepted than it would constitutes to a legally valid contract. The
person marking the offer is known as the offeror while the person to whom the offer is being made is
known as the offeree.

An offer may be revoked by the offeror at any time before the offeree accepts the offer.

An offer distinguished from an invitation to treat:

While the an offer requires no further negotiations or discussions to complete it, the offeror intends to
be bound without further negotiations, an invitation to treat on the other hand is an invitation to make
an offers or to commence negotiations from which an agreement might or might not result. You should
examine the following instances where courts have found that the communication was not an offer but
an invitation to treat:

a. A display of goods is generally an invitation to treat.

b. An advertisement is an invitation to treat.

c. A request for tenders is an invitation to treat and the tender is the offer

d. An auctioneer’s request for bids is an invitation to treat. The bid is an offer; when the auctioneer
brings his hammer down he has accepted the offer.

2. Acceptance of the offer

For a contract to be formed, there must be an acceptance of the offer. The acceptance must be an
agreement to each of the terms of the offer. Silent is not acceptance. An acceptance of an offer may be

25
made expressly or implied by conduct (See Brogden v Metropolitan Railway Company (1871), where
the offeree accepted the offer by performance. If the offeree attempts to add new terms when accepting,
this is a counter-offer and not an acceptance. A counter-offer implies a rejection of the original offer.
Where the offeree queries the offer and seeks more information, this is neither an acceptance nor a
rejection and the original offer stands.

3. Consideration: In simple term, consideration is the price paid by each party to a contract in
exchange for the other parties promise. What this means is that, in a contract for the sale of goods, the
consideration of the seller is his goods which she has transferred to the buyer, and the consideration of
the buyer is the money which he paid to the seller. Thus each party has parted with something; the
buyer with his money and the shop owner (seller) with his goods. Any party claiming damages as a
result of a beach in a contract must show that he furnished consideration. There are two types of
considerations. Executed and executory consideration. Executed consideration is consideration that
has been fulfilled while the executory is a promise to be fulfilled in the future

Some essential rule governing consideration:

- Consideration must be real (it must have some value in the eyes of the law no matter how
small)

- Consideration must be ‘sufficient’ but need not be ‘adequate’: The requirement that
consideration must be ‘sufficient’ means that what is being put forward must be something which the
courts will recognize as legally capable of constituting consideration.

- Consideration must move from the promise (but not necessarily to the promisor)

- Consideration must not be past

- Consideration must not be illegal

4. The intention to create legal relations

For there to be a binding contract, the parties must intend their agreement to be legally binding or it
must give rise to legal consequences. That is it can be enforced by the court in case one party breaches
it.

5. Legality of subject matter: For a contract to be valid, the subject matter of the contract must be
valid before the law.

6. Legal Capacity
For a contract to be valid, the contracting parties must be of required age and of sound mind. This
implies that, minors are not allowed to contract. However, there are certain types of contract in which

26
if minors engage in them, they will be considered as valid. These contracts are called contract of
necessaries. Necessaries are goods that are considered to be valuable to the wellbeing of the minor

7. Consent: For a contract to be valid, the contracting parties must freely express their mind free from
duress and undue influence

PRIVITY OF CONTACT

The principle of privity of contract states that, a party who was not part of the contract cannot sue or
be sued in a contract

BREACH OF CONTRACT

A contract is breached if one of the parties to the contract breaks (violates) one or more of the terms
of the contract or indicate in advance that he does not intend to perform the contract.

We can also say that a breach of contract is where one party fails to perform its own part of the
obligation as was stated in the contract. When one party suffers from a bridge of contract from the
other party, the party who suffers (the injured party) is exposed to a lot of remedies

Remedies of breach of contract

1) Payment for damages: These are monetary compensations aimed at putting the injured party in the
position that they would have been if the breach had not occurred.

Damages are of two types; specific and general damages. Specific damages are damages that have
monetary values while general damages are damages that cannot be equated to monetary value. For
example psychological trauma and emotional stress

2. Specific performance: it is an order from the court requesting one party to a contract to
perform his own part of the obligation as was stated in the contract.

3. Injunction: It is order from the court preventing one party from doing something

DISCHARGE OF A CONTRACT (termination of a contract)

A contract can be discharged or terminated in the following ways:

By agreement: what was agreed by parties can be set aside by the parties themselves by ways of
mutual agreement

By performance: this is when each of the parties to the contract has carried out what he or she was
supposed to do.

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By breach: a contract is said to be breach if one party to a contract fails to perform its own part of the
obligation

By frustration (act of God or force majeure): a contract may come to an end by no fault from the
parties but by happening beyond their reasonable contemplation or understanding which prevented
them from performance e.g. rain thunder wind landslide etc.

By operation of the law: when we talk of a contract coming to an end or discharged by the law, we
mean dead of one of the contracting party and lapse of time.

B. TORT

A tort is a civil wrong that causes a person (a claimant) to suffer loss or harm, resulting in legal liability
for the person who commits the tortious act. It can include: negligence, invasion of privacy, battery,
false imprisonment, defamation,

A) Negligence

Negligence is a tort which arises from the breach of the duty of care owed by one person to another
from the perspective of a reasonable person. Such conduct places another person at the risk of harm

In Donoghue v Stevenson [1932] AC 562, Mrs. Donoghue drank from an opaque bottle containing a
decomposed snail and claimed that it had made her ill. She could not sue Mr. Stevenson the provider
of the drink for damages for breach of contract because the drink was bought by a friend of hers and
instead sued for negligence.

Professional negligence is negligence that occurred while the perpetrator was performing as
professional, e.g. nurses, lawyers, dentist etc.

The elements in determining the liability for negligence are:

1. The plaintiff was owed a duty of care through a special relationship (e.g. doctor-patient) or
some other principle

2. There was a breach of that duty

3. The tortfeasor (defendant) directly caused the injury [but for the defendant's actions, the
plaintiff would not have suffered an injury].

4. The plaintiff suffered damage as a result of that breach

In certain cases, negligence can be assumed under the doctrine of res ipsa loquitur (Latin for "the thing
itself speaks")

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Some negligent acts committed

1. Failure to remove faulty equipment.

2. Failure to carry out orders for the patient’s procedure and medication.

3. Being careless with personal belongings of the patient e.g clothing, eye glasses e.t.c

4. Prescription of wrong medication.

5. Delegation of task to an incompetent person.

6. Accidentally leaving surgical instruments in the abdomen of a client.

Suits for negligence committed by employees of a health care establishment can be brought against the
health care establishment under the doctrine of vicarious liability. This could result in the health
practitioner losing his/her license, imprisonment sanctions and award for damages could be made by
the competent court in certain instances.

Defenses against negligence

1. Contributory negligence

2. Consent and warning

3. Required elements in proving negligent not met

Preventive measures for negligence

1. Report medication given in eror

2. Pursue the physician if doctor does not respond to call or report to the administrator (higher
hierarchy)

B) Defamation: Defamation is the unlawful publication of untruthful statement about a person which
redicles or injures the person’s reputation. It has two varieties, slander and libel. Slander is spoken
defamation and libel is printed or broadcast defamation.

For the offence of defamation to be established, four key elements must be established;

- The statement must be made

- The statement must be false

- The statement has ridiculed the victim

- The victim is suffering as a result of the ridicule

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C Invasion of privacy

The law that protects citizens by giving them the right of privacy and the right to be left alone. This
also include personal matters kept out of the public view. Invasion of privacy injures the person’s
feeling. E.g. taking picture of a malformed child without parental permission,

D. Battery: This refers to the unlawful touching of someone without his consent. Eg hitting
somebody. In the field of health, personnel should not force patients to do things and submit to care
against their will unless consent is obtained. A person operated upon without his consent can sue the
surgeon for Battery, Assault, or invasion of privacy.

E. Assault in civil law refers to the act the defendant which causes the plaintiff reasonable
apprehension of the infliction of harm upon him. Thus throwing away at someone is considered to be
assault and when the water touches him, it amounts to battery. Again, threatening to slap someone is
assault and finally slapping her will amount to battery.

F. False imprisonment

The unlawful retention of the movements of a person against his wish shall constitute false
imprisonment. For instance, a person cannot be forced to remain in the hospital even when the health
practitioner believes he should remain for additional care.

Some states still recognize false imprisonment as a misdemeanor at common law. False imprisonment
is a common law misdemeanor and a tort. False imprisonment applies to both private and governmental
detention. Few jurisdictions treat false imprisonment as kidnapping when the imprisonment is kept
secret from third parties.

The essential elements of false imprisonment are:

• Willful detention;

• Without consent; and

• Without authority of law.

False Arrest vs. False Imprisonment

Some courts often use the term “false imprisonment” and “false arrest” interchangeably. Although the
two terms are virtually identical, the difference lies in the manner in which they arise. For committing
false imprisonment, intent to make an arrest or even making an arrest is not necessary. However, a
falsely arrested person is at the same time falsely imprisoned.

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False arrest is the unlawful violation of the personal liberty of another consisting of detention without
sufficient legal authority. In order to establish a false arrest claim, the person detained must prove that
the arrest is unlawful and such unlawful arrest resulted in injury. An arrest is unlawful when the police
officers in question did not have probable cause to make the arrest.

An arresting officer who fails to take the arrested person before a court or magistrate within a
reasonable time or without unnecessary delay is guilty of false imprisonment. Similarly, an officer who
arrests a person without a warrant is liable for false imprisonment by detaining the prisoner an
unreasonable time.

Generally, false arrest is one of several means of committing false imprisonment. False arrest describes
the setting for false imprisonment when it is committed by a peace officer or by one who claims the
power to make an arrest. Thus, a tort action for false imprisonment based on false arrest against a
person who is not a peace officer implies that the detention or restraint to support the tort was done by
one who claims the power of arrest.

However, false arrest is almost indistinguishable from false imprisonment. The only distinction lies in
the manner in which they arise. False arrest is merely one means of committing a false imprisonment.
Whereas, false imprisonment is committed without any thought of attempting arrest.

(Trespass is defined as the act of (knowingly) entering another person’s property or interfering with
his or her person without permission. Trespass could be divided into trespass to the person and trespass
to land.

Generally, trespass to the person consists of three torts: assault, battery, and false imprisonment.)

CHAPTER 7
LAW OF PERSONS
(Civil Status, the name and the domicile)
Legal personality
A person in law means any entity that is accepted as having certain defined rights and obligations.
Such persons may be natural (human beings) or artificial (corporation. Legal personality therefore
denotes the recognition by the law of the existence of person with its full rights and obligations.
Legal personality refers to the capacity to enjoy certain rights as well as to be bound by certain
obligations. The law attributes legal personality to every human being based on the natural gift of life.

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 Human life is the bone of contention of legal personality because it determines the beginning and end
of legal personality.
Beginning of legal personality
-the principle of birth
Birth is the starting point for legal personality on the condition that the child is born alive and viable.
A child is born alive when at birth it is capable of breathing independently. if this is not the case, it will
be considered to have legal personality at the moment it could live independently especially without
being assisted.
With regards to child being viable, refers to the natural capacity of the child to live. The child should
have all the necessary organs sufficiently developed to enable it to live naturally. Under c Cameroonian
law, viability is presumed to the effect that any child born alive is presumed to be viable.
-exception to the principle of birth
Generally, a child simply conceived has no legal personality. Nevertheless, the acquisition of legal
personality before birth is based on the ‘infanconceptus pro jam principles’, which implies that when
ever it is in the interest of the child, the unborn child may be granted legal personality to benefit from
certain rights (e.g . in cases of succession). That is the conceived child is considered as already born at
any moment that the protection of his interest is at stake. (See article 725 and 906 of the civil code
dealing with succession).

End of legal personality

Legal personally may come to an end through dead or when the existence of the person is uncertain.
-Through death
Legal personality ceases with the confirmation of death of a person. A person is said to be dead when
the heart bit stops. In addition to this, it is necessary that some biological signs should be observed,
such as the total absence of consciousness, the abolition of all brainstems.
Death notwithstanding, a person is still given some consideration even after death. For instance
- The deceased Will may still produce legal effect if he died testate, that is leaving a Will.
- The law punishes the disturbance of funeral ceremonies or failure to dispose off a corpse as
previewed by the law.
- The law makes provision for the respect of corps and grave. See article 274 of the penal code
-Uncertainty of the existence of a person
There are two concepts which surrounds which surrounds the fate of a person whose where-about is
unknown

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a. Absence
This is a situation where the where-about of a person is not known and it is doubted of the said person
is still alive or not. It is a situation where one ceases to show-up in his place of residence or domicile
for several years without news of his whereabout. The duration within which to declare the absence
will depend on whether the absentee left a personal representative with the power of attorney. If that
is the case, then the period of 4 years must be observed (see article 115 of the civil code) before
declaring the absence. If the absentee did not leave behind someone to mange his affairs, then the
period of 10 years must be observed before declaring absence.
b. disappearance
This occurs in circumstances where a person must have been exposed to a peril of death such as natural
catastrophe and has never been heard off.
Identification of Physical Persons
In order to prevent the confusion of people and the attribution of rights and obligations to the wrong
persons, a person must be individualized or identified from birth. The following elements: name,
domicile nationality, civil status, etc, are necessary for the individualization of a person. These
elements constitute the media for the identification of the natural person.
1) NAME
This is the appellation (usually unique) given to a child at birth, which identifies him/her is expected
to use for life. A name thus constitutes the first and principal means of identifying a person, especially
the family name. A child acquires its name at birth, it is the duty of the parents to name the child but
where there is a dispute as to the choice of name, the decision of the father prevails, provided the child
is born in wedlock. In naming the child, care should be taken that the name should not be prejudicial
to the child it should not be ridiculous or insultive and should serve the prime purpose of identifying
the bearer.
A person is thus expected to use his /her name for life for once accorded a name is not liable to changes.
It cannot be disposed of at will, exchanged or modified. This principle however abounds with
exceptions.
-Adoption: An adoption child adds the name of the person who adopts it to its names.
-Marriage: Upon marriage, a woman takes the name of her husband.
-Divorce: Upon divorce, a woman drops the name of her husband.
-Administrative authority: The state can order a change of names when circumstances demand under
very strict procedure
It should be noted that the name consist of two distinct elements, the Surname or family name,
and the forename or first name. To these could be added other first names like nick names, pseudonym;
noble tiles, etc;

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• Surname: This is the name that identifies members of the same family. It s acquired by birth and
marriage;
• Forename: it is imperative that each person should have at leazst one first name. This permit to
didtincquish members of the same family and avoid confusion.
• Pseudonym: This is the name freely chosen by a person in the exercice of a particular activity in order
to hide his real identity. It is mostly used for artistic and literary activities. It is forbidden to exercise a
medical activity under a pseudonym.
2) DOMICILE
In legal terms, domicile is the place where one lives permanently ie ones official dwelling place. This
concept of domicile involves two elements.
a) The actual resident and
b) The animus manendi (the intention to remain I that place or country).
Normally, a person’s domicile is expected to be his country of birth. This is because the person’s civil
rights and obligations are closely tied to his domicile. The aw maintains an inflexible rule that;
*Everybody must possess a domicile
*Nobody can have more than one domicile.
There are three types of domicile;
a) Domicile of Origin
This domicile attaches at birth. A legitimate child takes after the domicile of his father, an illegitimate
child takes that of the mother and a founding (abandoned child whose parents are unknown) acquires
the domicile of the place where it is found. A domicile of origin can be easily extinguished.
b) Domicile of choice
Where a person of full age and capacity establishes himself in a country, with the intention of remaining
there permanently (such country being different from his last domicile) he is regarded as acquiring a
domicile of choice.
c) Domicile of dependent persons
A minor takes the domicile of his parents (father).A child may take its mother’s domicile. If it is an
illegitimate child or where the spouses are separated and the child make his home with the mother.
3.) NAIONALITY
Nationality refers to a person’s status as a citizen or member of a particular state to which he owes
political allegiance. Everyone is subjected to some state to which he expect protection from.
How to qualify for or acquire a Cameroonian citizenship
Every nation or state has laid-down criteria for any individual to qualify as a citizen of that state. In
Cameroon, qualifying someone as a Cameroonian citizen or acquiring citizenship a number of methods

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 and processes are laid down in the 1959 and 1968 ordinance on nationality. The following are some of
the method laid down by law.
1, By birth:
• A child born in Cameroon by Cameroonian parents.
• A new born child found in Cameroon is presumed to have been born in Cameroon, thus a
Cameroonian.
• A child born in Cameroon by foreign parents one of whom was born in Cameroon acquires
Cameroonian nationality.
2, By marriage
• A foreign woman who marries a citizen of Cameroon may express request acquire a
Cameroonian citizenship.
3, By declaration:
• Any person born in Cameroon of foreign parent may claim Cameroonian citizenship by a
declaration.
4, By naturalization:
Cameroonian citizenship may be conferred by decree on a foreign citizen requesting it if he/she meets
the following conditions:
• Must be at least 21 years of age
• Must show habitual residence in Cameroon for five years consecutively
• His or her main interest must be based in Cameroon at the time of signature of the naturalization
decree
• Must be of good character and morals and must not have suffered conviction of an offence
• Must have been found to be mentally and physically sound.
5, By Adoption
• An adopted child acquires the nationality of its adopted parents. An adopted child of a
Cameroonian parents acquire the Cameroonian nationality by declaration.

Loss of Nationality
1) By Renunciation
This can be made by any Cameroonian which wishes to renounce his nationality. This is effected by a
person making a declaration of renunciation, which must be registered by the competent authority
concerned (in Cameroon it is the ministry of justice) starting his /her intentions to renounce his /her
nationality.

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2) By Deprivation
This applies only to A foreigner who had acquire the Cameroonian nationality by registration, and may
be ordered by the state to forfeit it by decree, for reasons of serious misconduct e.g criminal acts
3) Any Cameroonian who willfully acquires or keep a foreign nationality

Civil Status by natural persons

Civil status registrars: these are officials conferred the powers to issue civil status certidicates.
Government delegates to urban councils, mayors, municipal administrators as well as their assistants,
and heads of diplomatic and consular missions of Cameroon abroad, shall be civil status registrars.
Civil status centers: principal civil status centers are created in every city council, councils, diplomatic
and consular missions. With regards to secondary centers, the law provides that the minister of
territorial administration can on the proposal of the senior divisional officer territorially competent,
create secondary civil status centers within certain municipalities. The creation of such centers
depends on the area of the council and may be justified on the bases of the population density or
communication difficulties. Such secondary centers are attached to the principal centers of the council
concerned.
Civil status registration: This is the inscription of vital information identifying an individual. This
is done in civil status registers. The law classifies civil status registers into three types: birth, marriage
and death.

Acquisition of civil status by natural persons/ civil status registration

1) By Birth
A birth shall be declared to the civil status registrar of place of birth within 60 days following such
birth. This is in accordance with Article 30 of the civil status Ordinance.
Where a child is born in a hospital or other medical institution, the head of the hospital or in his
absence, the doctor or any person who attended the birth shall be bound to declare the birth of the child
within 30days of such birth.
If this is not done, , the parents of the child shall have an additional period of 30 days to make the
declaration before a civil status registrar (government delegates and their deputies, mayor etc) This is
to establish the child’s birth certificate which identifies him and establishes his existence.
Births declared after the expiry of the period referred to above may only be registered through a court
declaration. Thus if a birth was not declared within the period referred to above. It can be registered
by the civil status registrar only by a judgment of the competent court (high court).
This now establishes the existence of a natural person in law and accords him/her civil status.
Content of the birth certificate

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➔ Name of the main o secondary civil status registry
➔ Region of origin
➔ Sub division
➔ Date of issue and place
➔ Name of the child
➔ Place of bith
➔ Sex
➔ Name of parents, their date of birth, residence or domicle, and occupation
➔ Date on which the birth certificate was drawn up
➔ Court judgment number

2) By Marriage
Art 48 of the civil status ordinance provide that a marriage shall be celebrated by a civil status registrar
of the place of birth or residence of one of the spouses to be. Married is the union for life between one
man and one or more wives to the exclusion of others. Upon marriage, a marriage certificate shall be
issued which specifies the type of marriage (whether polygamy or monogamy). The marriage
certificate thus serve as the evidence of the marriage.

Conditions for the issuance of marriage certificate

For a marriage to be celebrated and a marriage certificate issued, the law in Cameroon takes into
consideration the following: age, sex, and consent of the spouses to be as well aw the publication of
marriage banns. To this effect section 52 of the civil status registration ordinance of 1981 provides that
No marriage may be celebrated:
(1) if the girl is a minor of 15 years old or the boy of 18 years old, unless for serious reasons a waiver
has been granted by the President of the Republic;
(2) if such marriage is not preceded by a publication of banns;
• At least one month before the celebration of the marriage, a declaration mentioning the full
names, occupation, residence, age and place of birth of the spouses-to-be and their intention to
contract marriage shall be lodged with the civil status registrar.
• The civil status registrar with whom the declaration has been lodged shall immediately publish
the said declaration by posting it on the notice board of the civil status registry.
• A copy of the publication shall be forwarded by the same registrar to the authority of the place
of birth of the spouses, in charge of keeping birth registers, to be published thereat under the
same conditions.

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 • The authority thus notified shall also ascertain whether one of the spouses to be is bound by a
previous marriage constituting an impediment to the celebration. The authority shall transmit
the results of his investigation as well as any objection made to the civil status registrar in
charge of celebrating the marriage, through the fastest means and exempt of any taxes.
(3) if the spouses-to-be are of the same sex;
(4) if the spouses-to-be do not consent; The marriage shall not be celebrated if consent was obtained
by force. The consent of the spouses-to-be shall be given personally at the time of the celebration of
the marriage and the consent of minors must be supported by that of their mothers and fathers. In some
circumstances the consent of only one perent or guardian will suffice to support the consent of the
Minor.
(5) if one of the spouses-to-be is deceased, unless a waiver has been granted by the President of the
Republic
The marriage certificate shall specify the following:
• -the name of the civil status centre;
• -the full name, date and place of birth, residence and occupation of the spouses;
• -the consent of each of the spouses;
• -the consent of the parent in case of minor children;
• -the full names of the witnesses;
• -the date and place of celebration of the marriage;
• -where applicable, the mention of the existence of a marriage contract: co-ownership or separation of
property;
• -the mention of the type of marriage chosen: polygamy or monogamy;
• the full name of the civil status registrar;
• -the signatures of the spouses, witnesses and the civil status registrar.

3) Death registration
Death declaration must be made within one month, by the head of the family, a relative of the deceased
or by any person who has had full knowledge of the death.
The declaration made by the persons referred to in the foregoing paragraph shall be certified
by two witnesses
In the case of decease in a hospital or other medical institution or in a prison, the head of the
establishment must declare the death within fifteen days.
The death certificate shall mention:
- the date and place of death;

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- the full name, age, sex, marital status, occupation and residence of the deceased;
- the full name, occupation and residence of the father and mother;
- the full name, occupation and residence of the person making the declaration;
- the full name, occupation and residence of the witnesses
Where the body of a deceased person is found and can be identified, a death certificate shall
be drawn by the civil status registrar of the place where the body was found on the declaration of
judicial police officers.
If the deceased cannot be identified, the death certificate shall give the fullest description
possible and refer to the investigations carried out by the police.

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