CAMEROON Law and Practice Contributed by: Michel Aaron Feugueng, Ida Tchamde Feugueng and Yvette Kalieu Elongo, Maaron Law Firm
4.2 Service of Proceedings out of the Jurisdiction Service via Diplomatic Channels
the Penal Code. The criminal investigation will exam - ine the directors’ conduct and may result in seizure of assets and conviction. Emergency Judicial Administration Under Articles 253 et seq of the AUSCGIE, any share - holder may petition the court for the appointment of a judicial administrator (“ mandataire ad hoc ”) or for the suspension of fraudulent corporate decisions. These emergency measures are available on short notice and do not require a prior finding of liability. 4. Overseas Parties in Fraud Claims 4.1 Joining Overseas Parties to Fraud Claims Jurisdiction Over Foreign Defendants Cameroonian courts assert jurisdiction over foreign defendants where: (i) the fraudulent act was wholly or partly committed in Cameroon; (ii) the victim is a Cam - eroonian national or a company incorporated under Cameroonian law; or (iii) the fraud produced effects in Cameroon (Articles 4 to 6 CPP for criminal jurisdiction; Articles 42 to 44 CCPC for civil jurisdiction). This mir - rors the internationally recognised “effects doctrine” and the principle of passive personality. OHADA Courts The OHADA Common Court of Justice and Arbitration (CCJA), seated in Abidjan, exercises final appellate jurisdiction over all disputes relating to the OHADA Uniform Acts across all 17 member States. Where a fraud claim involves OHADA commercial law, the CCJA’s jurisdiction extends to all member States, sim - plifying the joinder of overseas OHADA parties. Extraterritorial Criminal Jurisdiction Under Article 7 of the CPP, Cameroonian criminal law applies to offences committed abroad where: (i) the accused is a Cameroonian national; or (ii) the offence targets Cameroonian nationals or the Cameroonian State. This broad extraterritorial reach is regularly invoked in cross-border fraud cases.
Service on foreign defendants is effected through dip - lomatic channels (via the Ministry of External Rela - tions) pursuant to Article 37 of the CCPC and, where applicable, under the Hague Convention on the Ser - vice Abroad of Judicial and Extrajudicial Documents (which Cameroon has not signed as at the date of this guide, but which is given effect by bilateral conven - tions with certain States). OHADA Zone Service Within the OHADA zone, service of process may be effected through the simplified channels provided for under the national civil procedure codes of each mem - ber State, on the basis of mutual recognition. Cam - eroonian courts have recognised service effected in accordance with the law of the place of service. Alternative Service Where conventional service is impracticable, the court may authorise alternative service (service by publi - cation, service on a local representative or agent, or service by any other means calculated to bring the proceedings to the defendant’s notice) under Article 39 of the CCPC. Courts will grant alternative service orders where the claimant demonstrates genuine dif - ficulty in effecting conventional service. The AUPSRVE provides a comprehensive and directly applicable enforcement framework across all OHADA member States, including Cameroon. The principal methods of enforcement are the following. Attachment of Debts/Bank Accounts (Saisie- Attribution) Under Articles 153 to 172 of the AUPSRVE, a judgment creditor may garnish bank accounts and receivables due to the judgment debtor. Service on the garnishee (eg, bank) freezes the attached amounts immediately. The garnishee must declare the position of the debt - or’s account within five days (Article 156 AUPSRVE). 5. Enforcement 5.1 Methods of Enforcement
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