CAMEROON Law and Practice Contributed by: Michel Aaron Feugueng, Ida Tchamde Feugueng and Yvette Kalieu Elongo, Maaron Law Firm
ties (Article 2262 Civil Code). Where assets have been converted into substitute property, the victim may claim the substitute as representing the converted proceeds of the original fraud under the doctrine of real subrogation (“ subrogation réelle ”). Priority in Insolvency (OHADA) The OHADA Uniform Act Organising Collective Pro - ceedings for the Clearing of Debts (AUPC, revised 10 September 2015) provides priority to creditors holding real security (“ sûretés réelles ”) over unsecured credi - tors (Articles 166 to 168 AUPC). A fraud victim who can identify specific assets as proceeds of the fraud may assert a proprietary claim that ranks above the general body of creditors in insolvency proceedings. Mixed Funds Where the proceeds of fraud have been commingled with the defendant’s own funds, Cameroonian courts apply a proportionality analysis. The victim is entitled to claim a proportionate share of the mixed fund cor - responding to the traced fraud proceeds, by analogy with the civilian rules on accession and commingling (Articles 565 to 577 Civil Code). Courts have demon - strated a willingness to use financial expert evidence to trace and apportion mixed funds. Treatment of Gains Gains generated by the fraudster through the invest - ment of fraud proceeds before recovery are treated as the civil fruits (“ fruits civils ”) of the victim’s prop - erty. Under Article 547 of the Civil Code, a possessor in bad faith is required to account for all fruits from the date of fraudulent acquisition. Since a fraudster is always in bad faith, the victim is entitled to all prof - its generated from the proceeds from the date of the fraud, including interest and investment returns. 1.6 Rules of Pre-Action Conduct Cameroonian law does not prescribe a formal pre- action protocol for fraud claims equivalent to the Eng - lish pre-action protocols. However, the following pre- action steps are available and frequently deployed. Conservatory Attachment (Saisie Conservatoire) Before formal proceedings, an applicant may seek an ex parte saisie conservatoire under Articles 54 to 61 of the AUPSRVE, upon demonstrating an apparently
well-founded claim (“ créance paraissant fondée en son principe ”) and a risk of dissipation. No prior notice to the defendant is required. The order may attach bank accounts, receivables and movable assets. Formal Demand Letter (Mise en Demeure) It is standard practice to serve a formal demand letter (“ mise en demeure ”) under Article 1139 of the Civil Code before commencing civil proceedings. This puts the debtor in default, triggers the running of interest (Article 1153 Civil Code) and establishes the claim - ant’s good faith for cost purposes. Criminal Complaint Filing a criminal complaint with the Public Prosecutor (“ Parquet ”) or directly with the examining magistrate (Articles 135 to 161 CPP) is a powerful pre-action measure that triggers a state-funded investigation. The criminal investigation may yield evidence (search and seizure, banking records, expert reports) that strengthens the parallel civil action. ANIF Referral Where money laundering is suspected, a referral to the Financial Intelligence Unit (ANIF) may result in administrative freezing of suspicious transactions under CEMAC Regulation No 01/03/CEMAC/UMAC/ CM of 4 April 2003on the Prevention and Suppres - sion of Money Laundering and Financing Terrorism in Central Africa, providing immediate protection without court intervention. 1.7 Prevention of Defendants Dissipating or Secreting Assets Conservatory Attachment (Saisie Conservatoire) Under Articles 54 to 61 of the AUPSRVE, a creditor holding an apparently well-founded claim may obtain an ex parte court order attaching the debtor’s mov - able assets (bank accounts, receivables, commercial stock). The order operates in rem and binds all third- party holders from the date of service. No prior judg - ment is required. The order must be served on the debtor within eight days of the attachment (Article 55 AUPSRVE). Judicial Security (Sûreté Judiciaire) Under Articles 62 to 74 of the AUPSRVE, a creditor may obtain a provisional judicial mortgage (“ hypothèque
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