CAMEROON Law and Practice Contributed by: Michel Aaron Feugueng, Ida Tchamde Feugueng and Yvette Kalieu Elongo, Maaron Law Firm
OHADA Payment Injunction (Injonction de Payer) For commercial debts, the OHADA Uniform Act on Simplified Recovery Procedures (Articles 1 to 18 AUP - SRVE) provides a rapid summary procedure enabling a creditor to obtain a payment order without a full trial, provided the debt is certain, liquid and due. The order is granted ex parte and the debtor may file an opposi - tion within 15 days of service (Article 10 AUPSRVE). 2.7 Rules for Pleading Fraud Cameroonian law and professional rules impose spe - cific requirements on the pleading of fraud, as listed below. Specificity Requirement In both civil and criminal proceedings, allegations of fraud must be pleaded with particularity. In crimi - nal proceedings, the examining magistrate will only open an investigation where the complaint contains sufficiently specific and plausible factual allegations (Articles 135 to 138 CPP). Vague or speculative com - plaints will be dismissed as manifestly inadmissible. Evidence Threshold Under Cameroonian criminal procedure, the stand - ard for ordering a judicial investigation is sufficient grounds (“ charges suffisantes”), which requires cred - ible evidence supporting each element of the alleged offence (Article 202 CPP). Courts are vigilant against abusive use of criminal proceedings as a debt recovery tool (“ instrumentalisation du pénal ”). Professional Conduct Cameroonian Bar rules ( Règlement Intérieur du Bar- reau du Cameroun ) impose a duty of probity and truth - fulness on counsel. An advocate who advances reck - less or bad-faith allegations of fraud may be subject to disciplinary sanctions. 2.8 Claims Against “Unknown” Fraudsters Cameroonian law permits proceedings against unknown perpetrators in the following circumstances. Criminal Complaint “Contre X” A criminal complaint may be lodged “against person or persons unknown” (“ contre X ”) under Article 135 of the CPP. This triggers a criminal investigation aimed at identifying the perpetrators. The State bears the
cost of the investigation. The examining magistrate has broad powers to gather evidence, identify sus - pects and issue international arrest warrants (Article 627 CPP). Civil Proceedings Under Cameroonian civil procedure, it is not gener - ally possible to issue civil proceedings against a com - pletely unidentified defendant, as the court requires a named defendant for service of process. However, where the claimant can identify a known intermedi - ary (eg, a bank through which fraudulent proceeds passed), civil proceedings may be brought against that party while the identity of the principal fraudster is established through criminal investigation. Provisional Attachment Pending identification of the perpetrator, the claim - ant may obtain a saisie conservatoire over identified assets linked to the fraud, even where the ownership of those assets is disputed or obscure, provided the applicant can demonstrate a sufficient factual nexus between the assets and the fraud (Article 54 AUP - SRVE). 2.9 Compelling Witnesses to Give Evidence Criminal Proceedings In criminal proceedings, the examining magistrate has the power to summon (“ convoquer ”) any witness under Articles 196 to 213 of the CPP. Witnesses who fail to attend without lawful excuse may be brought before the court by compulsion ( “mandat d’amèner” , Article 135 CPP). A witness who refuses to take the oath or give evidence without justification commits an offence under Article 162 of the Penal Code and may be fined and imprisoned. Civil Proceedings Under Article 119 of the CCPC, the civil court may order the compulsory attendance of recalcitrant wit - nesses (“ témoins récalcitrants ”). Witnesses who refuse to attend or refuse to answer may be held in civil contempt and fined. The court may also draw adverse inferences from a witness’s unjustified refusal to testify.
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