CAMEROON Law and Practice Contributed by: Michel Aaron Feugueng, Ida Tchamde Feugueng and Yvette Kalieu Elongo, Maaron Law Firm
judiciaire provisoire ”) over the debtor’s immovable property or a pledge over specified movable assets. This creates a priority security interest over subse - quently registered encumbrances, effective from the
where the risk of wrongful attachment is significant (Article 57 AUPSRVE). Effect on Third Parties Once validly served, a saisie conservatoire or saisie- attribution is binding on any third-party holder of the attached assets. A bank that releases funds after valid service is rendered jointly and severally liable under Article 156 of the AUPSRVE. The OHADA enforcement framework ensures uniform application and recogni - tion across all 17 member States. Cameroonian procedural law provides several mecha - nisms to compel or facilitate disclosure of a defend - ant’s assets, as listed below. Declaration of Assets in Enforcement Proceedings Under Article 36 of the AUPSRVE, once a writ of exe - cution exists, the creditor may compel the debtor to declare the composition, location and value of all its assets. Failure to make a truthful and complete decla - ration constitutes a criminal offence under Article 185 of the Penal Code (breach of a court order). Judicial Interrogation In the context of criminal proceedings, the examining magistrate may interrogate the defendant as to their assets and require the production of bank statements, property registers and company records under Arti - cles 162 to 185 of the CPP. Silence or false answers may be treated as corroborating evidence of guilt. Nominee Assets 2. Procedures and Trials 2.1 Disclosure of Defendants’ Assets Cameroonian law does not distinguish formally between assets held in the defendant’s name and those held by nominees. However, courts will pierce the veil of nominee arrangements where there is evi - dence that the nominee holds assets on behalf of the defendant, applying the principle of simulation under Article 1321 of the Civil Code. Assets held through sham transactions or straw-man nominees are con - sidered the defendant’s assets for enforcement pur - poses.
date of inscription at the Land Registry. Criminal Asset Seizure (Saisie Pénale)
In criminal proceedings, the examining magistrate may order the seizure of all property suspected to be the proceeds of crime under Articles 218 to 224 of the CPP. The seizure operates both in personam (against the defendant) and in rem (against the specific assets). Financial institutions and other third parties are legally bound to comply and may be held criminally liable for obstruction (Article 181 CPP). Operation: In Rem or In Personam The civil saisie conservatoire operates in rem against identified assets. The criminal saisie pénale operates both in rem and in personam. There is no pure equiva - lent of the English Mareva/freezing injunction operat - ing solely in personam, but the combined civil and criminal mechanisms achieve a comparable practical effect. Court Fees Court fees for conservatory measures are assessed at a fixed tariff under the Cameroonian Courts Act and are not proportional to the amount of the claim. They are relatively modest and do not present a barrier to access. Sanctions for Non-Compliance Violation of a conservatory order by the defendant constitutes the offence of misappropriation of seized goods (“ détournement d’objets saisis ”) under Article 184 (2) of the Penal Code, punishable by imprisonment and fines. A third party (eg, bank) that fails to comply with a garnishment order (“ saisie-attribution ”) is ren - dered jointly and severally liable for the full amount of the secured debt under Article 156 of the AUPSRVE. Cross-Undertaking in Damages Cameroonian law does not require a formal cross- undertaking in damages as a condition for obtaining a saisie conservatoire . However, the court has discretion to require the applicant to provide security (“ caution ”)
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