CAMEROON Law and Practice Contributed by: Michel Aaron Feugueng, Ida Tchamde Feugueng and Yvette Kalieu Elongo, Maaron Law Firm
OHADA Zone Judgments Judgments of the CCJA are directly enforceable in all OHADA member States without the need for exequa - tur, pursuant to Article 20 of the OHADA Treaty. This provides a seamless enforcement mechanism across the 17-member OHADA zone. Bilateral Treaties Cameroon has concluded bilateral judicial assistance and enforcement treaties with several countries, par - ticularly within the franc zone, which simplify and expedite the exequatur procedure. 6. Privileges 6.1 Invoking the Privilege Against Self- Incrimination Constitutional and Statutory Basis The right to silence and the privilege against self- incrimination are guaranteed by Article 1 (2) of the Cameroonian Constitution (Law No 96/06 of 18 Janu - ary 1996) and given effect by Articles 116 and 305 of the CPP. A defendant may refuse to answer questions in criminal proceedings without this silence being treated as an admission of guilt. Scope in Civil Proceedings In civil proceedings, the privilege against self-incrimi - nation has narrower application. A civil defendant may invoke the privilege where answering a court order would expose them to criminal liability, but the court may draw adverse inferences from such refusal under Article 1353 of the Civil Code (judicial presumptions). Courts balance the right of the claimant to disclosure against the risk of self-incrimination on a case-by- case basis. Inferences From Silence In criminal proceedings, silence cannot be used as evidence of guilt (Article 305 CPP). However, in civil proceedings, a defendant’s unexplained refusal to dis - close information relevant to the claim may give rise to adverse inferences under the doctrine of “ présomp- tions graves, précises et concordantes ” (Article 1353 Civil Code), which may be sufficient to establish civil liability in the absence of other evidence.
A garnishee that fails to comply is rendered jointly and severally liable for the judgment debt. Seizure and Sale of Movables (Saisie-Vente) Under Articles 91 to 152 of the AUPSRVE, a bailiff may seize and sell the judgment debtor’s movable assets at public auction. A notice period of eight days from service of the attachment order is required before sale (Article 144 AUPSRVE). Enforcement Against Immovable Property (Saisie Immobilière) Enforcement against immovable property is governed by Articles 246 to 300 of the AUPSRVE. The process involves registration of the charge, a pre-sale period of at least three months, and public auction conducted by the court. This is the most powerful enforcement mechanism for high-value fraud recovery. Periodic Penalty (Astreinte) Courts may impose a financial penalty (“ astreinte ”) for each day of non-compliance with a court order under Article 39 of the AUPSRVE. The astreinte mechanism is a powerful tool to compel compliance with disclo - sure and performance orders. 5.2 Enforcement of Foreign Judgments Exequatur Procedure Foreign judgments are enforced in Cameroon through the “exequatur” procedure under Articles 299 to 302 of the CCPC. The applicant must file a petition before the High Court, accompanied by: (i) a certified copy of the foreign judgment; (ii) proof that the judgment is final and enforceable in the country of origin; (iii) proof of service on the judgment debtor; and (iv) a certified translation into French or English. Conditions for Recognition The court will grant exequatur unless: (i) the foreign court lacked jurisdiction under Cameroonian private international law principles; (i) the judgment was obtained by fraud or in violation of due process; (iii) the judgment is contrary to Cameroonian public policy (“ ordre public ”); or (iv) the judgment is irreconcilable with a prior Cameroonian judgment on the same issue (Article 301 CCPC).
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