CAMEROON Law and Practice Contributed by: Michel Aaron Feugueng, Ida Tchamde Feugueng and Yvette Kalieu Elongo, Maaron Law Firm
cant must demonstrate an apparently well-founded claim and a risk of dissipation. The element of surprise is essential to the effectiveness of the measure; prior notification would enable the respondent to dissipate assets. The court must be satisfied on both conditions and will conduct a summary review of the evidence presented. Ex Parte Criminal Seizure Criminal asset seizures under Articles 218 to 224 of the CPP are inherently ex parte, effected by judicial police officers acting under the authority of the exam - ining magistrate. The defendant is notified only after Since the respondent is not present, the applicant bears a heightened duty of candour and must dis - close all material facts, including those adverse to the application (“duty of full and frank disclosure” by anal - ogy with good-faith obligations under Article 1134 of the Civil Code). Misrepresentation or non-disclosure may result in the discharge of the order and an award of costs against the applicant. Courts will set a return date for the respondent to challenge the order on notice. Emergency Orders (Référés d’Urgence) the seizure has been executed. Additional Burden on Applicant Under Article 187 of the CCPC, emergency orders (“ référés d’urgence ”) may also be obtained on short notice (rather than full ex parte) where a degree of urgency permits notifying the defendant at short notice. The judge sits as a single judge and may grant immediate relief pending a full hearing. 2.5 Criminal Redress Criminal prosecution is extensively used by fraud vic - tims in Cameroon and constitutes an integral compo - nent of most fraud recovery strategies. The primary mechanisms are as follows. Plainte Simple and Plainte Avec Constitution de Partie Civile A victim may file either a simple complaint (“ plainte simple ”) with the Public Prosecutor or a complaint with civil party status (“ plainte avec constitution de partie civile ”) directly with the examining magistrate (Articles 61 and 135 CPP). The latter triggers a man -
datory judicial investigation and entitles the victim to seek damages before the criminal court (Article 357 CPP), avoiding the cost and delay of separate civil litigation. Practical Interaction Between Criminal and Civil Proceedings The principle “ Le criminel tient le civil en l’état ” (Article 4 CPP) requires civil proceedings to be stayed where the same facts are the subject of a pending criminal prosecution. However, this is not an absolute rule: courts will permit civil proceedings to continue on a different legal basis (eg, contract claims not depend - ent on establishing the criminal offence). In practice, the criminal investigation provides valuable evidence (banking records, expert reports, witness statements) that is subsequently relied upon in civil proceedings. Confiscation Courts may order the confiscation of all property derived from the fraud pursuant to Article 35 of the Penal Code and Article 224 of the CPP. Confiscated assets are transferred to the State, which does not automatically compensate the victim; the victim must separately enforce any civil damages award against Under Article 179 of the CCPC, a court may enter judgment by default (“ jugement par défaut ”) where the defendant has been duly served but fails to appear. Default judgment may be granted on the merits of the claimant’s case without a full contested trial. The defendant may apply to set aside a default judgment (“ opposition ”) within 30 days of service (Article 181 CCPC). Summary Judgment Under Article 191 of the CCPC, a claimant may seek a provisional payment order (“ référé-provision ”) where the obligation is not seriously contestable. The judge may grant a provisional award without a full hearing on the merits. This is particularly useful where the defendant has acknowledged the debt or where the documentary evidence is overwhelming. the defendant’s remaining assets. 2.6 Judgment Without Trial Default Judgment
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