Chombeng Allen Esq.

I’m always Elated to share my small knowledge with others. Thanks for finding me worthy.

𝐓𝐡𝐞 𝐏𝐮𝐫𝐩𝐨𝐬𝐞 𝐨𝐟 𝐏𝐮𝐧𝐢𝐬𝐡𝐦𝐞𝐧𝐭.

We all like when people are punished when they commit crimes or we punish our children and peers when we feel they have wronged us but what is the purpose of punishment ?

Punishment has five recognized purposes: deterrence, incapacitation, rehabilitation, retribution, and restitution.

Below we will further examine these purposes for better understanding.

𝟏. 𝐒𝐩𝐞𝐜𝐢𝐟𝐢𝐜 𝐚𝐧𝐝 𝐆𝐞𝐧𝐞𝐫𝐚𝐥 𝐃𝐞𝐭𝐞𝐫𝐫𝐞𝐧𝐜𝐞.

Deterrence prevents future crime by frightening the defendant or the public.

The two types of deterrence are specific and general deterrence.

𝟏.𝐢. 𝐒𝐩𝐞𝐜𝐢𝐟𝐢𝐜 𝐝𝐞𝐭𝐞𝐫𝐫𝐞𝐧𝐜𝐞: Specific deterrence applies to an individual defendant. When the government punishes an individual defendant, he or she is theoretically less likely to commit another crime because of fear of another similar or worse punishment.

𝟏.𝐢𝐢. 𝐆𝐞𝐧𝐞𝐫𝐚𝐥 𝐝𝐞𝐭𝐞𝐫𝐫𝐞𝐧𝐜𝐞: General deterrence applies to the public at large. When the public learns of an individual defendant’s punishment, the public is theoretically less likely to commit a crime because of fear of the punishment the defendant experienced.

When the public learns, for example, that an individual defendant was severely punished by a sentence of life in prison or the death penalty, this knowledge can inspire a deep fear of criminal prosecution.

𝟐. 𝐈𝐧𝐜𝐚𝐩𝐚𝐜𝐢𝐭𝐚𝐭𝐢𝐨𝐧.

Incapacitation prevents future crime by removing the defendant from society. Examples of incapacitation are incarceration, house arrest, or ex*****on pursuant to the death penalty.
Simply put, when you keep a criminal in prison for instance, you incapacitate them and make them not able to commit another crime.

𝟑. 𝐑𝐞𝐡𝐚𝐛𝐢𝐥𝐢𝐭𝐚𝐭𝐢𝐨𝐧.

Rehabilitation prevents future crime by altering a defendant’s behavior through university empowerment .

Examples of rehabilitation include educational and vocational programs, treatment center placement, and counseling.

The court can combine rehabilitation with incarceration for better results .

In some countries , for example, nonviolent drug offenders and minor criminals must participate in rehabilitation in combination with probation, rather than submitting to incarceration (𝗔𝗿𝗶𝘇. 𝗥𝗲𝘃. 𝗦𝘁𝗮𝘁., 𝟮𝟬𝟭𝟬).

This lightens the load of jails and prisons while lowering recidivism, which means reoffending.

𝟒. 𝐑𝐞𝐭𝐫𝐢𝐛𝐮𝐭𝐢𝐨𝐧.

Retribution prevents future crime by removing the desire for personal avengement (in the form of assault, battery, and criminal homicide, for example) against the defendant.

When victims or society discover that the defendant has been adequately punished for a crime, they achieve a certain satisfaction that our criminal procedure is working effectively, which enhances faith in law enforcement and our government.

𝟓. 𝐑𝐞𝐬𝐭𝐢𝐭𝐮𝐭𝐢𝐨𝐧.

Restitution prevents future crime by punishing the defendant financially.

Restitution is when the court orders the criminal defendant to pay the victim for any harm and resembles a civil litigation damages award.

Restitution can be for physical injuries, loss of property or money, and rarely, emotional distress.

It can also be a fine that covers some of the costs of the criminal prosecution and punishment.

𝐂𝐡𝐨𝐦𝐛𝐞𝐧𝐠 𝐀𝐋𝐋𝐄𝐍 𝐄𝐬𝐪.
𝐖𝐫𝐢𝐭𝐞𝐫/𝐒𝐨𝐜𝐢𝐚𝐥 𝐀𝐜𝐭𝐢𝐯𝐢𝐬𝐭
𝐇𝐢𝐠𝐡𝐞𝐫 𝐃𝐢𝐩𝐥𝐨𝐦𝐚 𝐈𝐧 𝐋𝐞𝐠𝐚𝐥 𝐏𝐫𝐚𝐜𝐭𝐢𝐜𝐞 (𝐇𝐃𝐋𝐏)
𝐈𝐧𝐬𝐭𝐢𝐭𝐮𝐭𝐞 𝐎𝐟 𝐋𝐞𝐠𝐚𝐥 𝐏𝐫𝐚𝐜𝐭𝐢𝐜𝐞 𝐚𝐧𝐝 𝐃𝐞𝐯𝐞𝐥𝐨𝐩𝐦𝐞𝐧𝐭
𝐈𝐋𝐏𝐃, 𝐑𝐰𝐚𝐧𝐝𝐚.
𝐋𝐋𝐁 (𝐇𝐨𝐧𝐬) 𝐄𝐧𝐠𝐥𝐢𝐬𝐡 𝐏𝐫𝐢𝐯𝐚𝐭𝐞 𝐋𝐚𝐰,
𝐔𝐧𝐢𝐯𝐞𝐫𝐬𝐢𝐭𝐲 𝐎𝐟 𝐁𝐚𝐦𝐞𝐧𝐝𝐚 𝐂𝐚𝐦𝐞𝐫𝐨𝐨𝐧.

Thank you so much Dezmond's Arts Dezmond Paul, of all the other things you could be doing, if you took out time to do a pen portrait of me then you deserve my love and gratitude . Thanks Bro

Please follow him as a token of my gratitude and gratefulness 🙏🏿

𝐀𝐫𝐛𝐢𝐭𝐫𝐚𝐭𝐢𝐨𝐧, 𝐌𝐞𝐝𝐢𝐚𝐭𝐢𝐨𝐧, 𝐂𝐨𝐧𝐜𝐢𝐥𝐢𝐚𝐭𝐢𝐨𝐧 𝐚𝐧𝐝 𝐍𝐞𝐠𝐨𝐭𝐢𝐚𝐭𝐢𝐨𝐧.

Today we look at the above principles in law which are jointly called Alternative Dispute Resolutions (ADR).

𝟏.𝐀𝐫𝐛𝐢𝐭𝐫𝐚𝐭𝐢𝐨𝐧.

Arbitration is a procedure in which a dispute is submitted, by agreement of the parties, to one or more arbitrators who make a binding decision on the dispute. In choosing arbitration, the parties opt for a private dispute resolution procedure instead of going to court.

𝐂𝐡𝐚𝐫𝐚𝐜𝐭𝐞𝐫𝐢𝐬𝐭𝐢𝐜𝐬 𝐨𝐟 𝐀𝐫𝐛𝐢𝐭𝐫𝐚𝐭𝐢𝐨𝐧

𝐀𝐫𝐛𝐢𝐭𝐫𝐚𝐭𝐢𝐨𝐧 𝐢𝐬 𝐜𝐨𝐧𝐬𝐞𝐧𝐬𝐮𝐚𝐥.

Arbitration can only take place if both parties have agreed to it. In the case of future disputes arising under a contract, the parties insert an arbitration clause in the relevant contract. An existing dispute can be referred to arbitration by means of a submission agreement between the parties. In contrast to mediation, a party cannot unilaterally withdraw from arbitration.

The parties choose the arbitrator(s), the parties can select a sole arbitrator together.

If they choose to have a three-member arbitral tribunal, each party appoints one of the arbitrators; those two persons then agree on the presiding arbitrator.

Alternatively, the Center for arbitration can suggest potential arbitrators with relevant expertise or directly appoint members of the arbitral tribunal.

The Center maintains an extensive roster of arbitrators ranging from seasoned dispute-resolution generalists to highly specialized practitioners and experts covering the entire legal and technical spectrum of intellectual property.

𝐀𝐫𝐛𝐢𝐭𝐫𝐚𝐭𝐢𝐨𝐧 𝐢𝐬 𝐧𝐞𝐮𝐭𝐫𝐚𝐥.

In addition to their selection of neutrals of appropriate nationality, parties are able to choose such important elements as the applicable law, language and venue of the arbitration. This allows them to ensure that no party enjoys a home court advantage.

𝐀𝐫𝐛𝐢𝐭𝐫𝐚𝐭𝐢𝐨𝐧 𝐢𝐬 𝐚 𝐜𝐨𝐧𝐟𝐢𝐝𝐞𝐧𝐭𝐢𝐚𝐥 𝐩𝐫𝐨𝐜𝐞𝐝𝐮𝐫𝐞.

The WIPO Rules specifically protect the confidentiality of the existence of the arbitration, any disclosures made during that procedure, and the award.

In certain circumstances, the WIPO Rules allow a party to restrict access to trade secrets or other confidential information that is submitted to the arbitral tribunal or to a confidentiality advisor to the tribunal.

The decision of the arbitral tribunal is final and easy to enforce.

𝟐.𝐌𝐞𝐝𝐢𝐚𝐭𝐢𝐨𝐧.

Mediation is a form of assisted negotiation whereby parties agree to appoint a trained, impartial third party (the mediator) to assist them to resolve their dispute.

The mediator is agreed upon by all parties and is a neutral third person who helps the parties to reach an amicable settlement which is responsive to everyone’s needs.

The mediator does not impose a decision on the parties. Rather, the key decisions are made by the parties themselves.

To mediate means to act as a peacemaker between those in disputes.

It is essentially an informal process in which the parties are assisted by one or more neutral third parties in their efforts towards settlement. Mediators do not judge or arbitrate the dispute.

They advise and consult impartially with the parties to assist in bringing about a mutually agreeable solution to the problem.

𝐓𝐡𝐞𝐫𝐞 𝐚𝐫𝐞 𝐭𝐡𝐫𝐞𝐞 𝐦𝐚𝐢𝐧 𝐩𝐡𝐚𝐬𝐞𝐬 𝐭𝐨 𝐦𝐞𝐝𝐢𝐚𝐭𝐢𝐨𝐧:

Pre-mediation – agreeing to mediate and preparation;
The mediation – direct and indirect mediation; and
Post-mediation – complying with the outcome.

𝟑.𝐂𝐨𝐧𝐜𝐢𝐥𝐢𝐚𝐭𝐢𝐨𝐧.

Like mediation, conciliation is a voluntary, flexible, confidential, and interest based process.

The parties seek to reach an amicable dispute settlement with the assistance of the conciliator, who acts as a neutral third party.

The main difference between conciliation and mediation proceedings is that, at some point during the conciliation, the conciliator will be asked by the parties to provide them with a non-binding settlement proposal.

A mediator, by contrast, will in most cases and as a matter of principle, refrain from making such a proposal.

Conciliation is a voluntary proceeding, where the parties involved are free to agree and attempt to resolve their dispute by conciliation.

The process is flexible, allowing parties to define the time, structure and content of the conciliation proceedings.

These proceedings are rarely public. They are interest-based, as the conciliator will when proposing a settlement, not only take into account the parties' legal positions, but also their; commercial, financial and / or personal interests.

Like in mediation proceedings, the ultimate decision to agree on the settlement remains with the parties.

𝟒.𝐍𝐞𝐠𝐨𝐭𝐢𝐚𝐭𝐢𝐨𝐧.

Negotiation has been defined as any form of direct or indirect communication whereby parties who have opposing interests discuss the form of any joint action which they might take to manage and ultimately resolve the dispute between them.

Negotiations may be used to resolve an already-existing problem or to lay the groundwork for a future relationship between two or more parties.

Negotiation has also been characterized as the “preeminent mode of dispute resolution” which is hardly surprising given its presence in virtually all aspects of everyday life, whether at the individual, institutional, national or global levels.

Each negotiation is unique, differing from one another in terms of subject matter, the number of participants and the process used.

Given the presence of negotiation in daily life, it is not surprising to find that negotiation can also be applied within the context of other dispute resolution processes, such as mediation and litigation settlement conferences.

Note that this is a reader friendly presentation as the above concepts can be developed into whole books, however, additional information on any of the above topics will be given in the comment section if need arises inter Alia.

𝐂𝐡𝐨𝐦𝐛𝐞𝐧𝐠 𝐀𝐋𝐋𝐄𝐍 𝐄𝐬𝐪.
𝐀𝐝𝐯𝐨𝐜𝐚𝐭𝐞/𝐖𝐫𝐢𝐭𝐞𝐫/𝐒𝐨𝐜𝐢𝐚𝐥 𝐀𝐜𝐭𝐢𝐯𝐢𝐬𝐭
𝐇𝐢𝐠𝐡𝐞𝐫 𝐃𝐢𝐩𝐥𝐨𝐦𝐚 𝐈𝐧 𝐋𝐞𝐠𝐚𝐥 𝐏𝐫𝐚𝐜𝐭𝐢𝐜𝐞 (𝐇𝐃𝐋𝐏)
𝐈𝐧𝐬𝐭𝐢𝐭𝐮𝐭𝐞 𝐎𝐟 𝐋𝐞𝐠𝐚𝐥 𝐏𝐫𝐚𝐜𝐭𝐢𝐜𝐞 𝐚𝐧𝐝 𝐃𝐞𝐯𝐞𝐥𝐨𝐩𝐦𝐞𝐧𝐭
𝐈𝐋𝐏𝐃, 𝐑𝐰𝐚𝐧𝐝𝐚.
𝐋𝐋𝐁 (𝐇𝐨𝐧𝐬) 𝐄𝐧𝐠𝐥𝐢𝐬𝐡 𝐏𝐫𝐢𝐯𝐚𝐭𝐞 𝐋𝐚𝐰,
𝐔𝐧𝐢𝐯𝐞𝐫𝐬𝐢𝐭𝐲 𝐎𝐟 𝐁𝐚𝐦𝐞𝐧𝐝𝐚 𝐂𝐚𝐦𝐞𝐫𝐨𝐨𝐧.

𝐀𝐫𝐫𝐞𝐬𝐭 𝐮𝐧𝐝𝐞𝐫 𝐂𝐚𝐦𝐞𝐫𝐨𝐨𝐧 𝐋𝐚𝐰.

With the latest happenings, I thought this should be timely.

𝐋𝐚𝐰 𝐍°𝟐𝟎𝟎𝟓 𝐨𝐟 𝟐𝟕 𝐉𝐮𝐥𝐲 𝟐𝟎𝟎𝟓 𝐨𝐧 𝐭𝐡𝐞 𝐂𝐑𝐈𝐌𝐈𝐍𝐀𝐋 𝐏𝐑𝐎𝐂𝐄𝐃𝐔𝐑𝐄 𝐂𝐎𝐃𝐄

𝐒𝐞𝐜𝐭𝐢𝐨𝐧 𝟏𝟖:

(1) A warrant of arrest shall be an order given to an officer of the judicial police to arrest a defendant, an accused or a convict and bring him before one of the judicial authorities cited in section 12.

𝐏𝐀𝐑𝐓 𝐈𝐈𝐈 𝐀𝐑𝐑𝐄𝐒𝐓
𝐒𝐞𝐜𝐭𝐢𝐨𝐧 𝟑𝟎:

(1) An arrest shall consist of apprehending a person for the purpose of bringing him without
delay before the authority prescribed by law or by the warrant.

(2) A judicial police officer, agent of judicial police or any officer of the forces of law and order effecting an arrest, shall order the person to be arrested to follow him and, in the event of refusal, he shall use reasonable force, necessary to arrest the person.

(3) Any person may in case of a felony or misdemeanour committed flagrante delicto as defined in section 103, arrest the author of such an offence.

(4) No bodily or psychological harm shall be caused to the person arrested.

Section 31: Except in the case of a felony or misdemeanour committed flagrante delicto, the person effecting the arrest shall disclose his identity and inform the person to be arrested of the reason for the said arrest, and where necessary, allow a third person to accompany the person arrested in order to ascertain the place to which he is being detained.

Section 32: Any officer or agent of the judicial police may, in a public place or a place open to the public, and subject to the provisions of section 83 (3), arrest the author of a simple offence who either refuses to disclose his identity or discloses an identity suspected to be false and, where necessary, detain him for not longer than twenty-four (24) hours.

𝑻𝒐𝒅𝒂𝒚 𝒘𝒆 𝒍𝒐𝒐𝒌 𝒂𝒕 𝑷𝒓𝒐𝒔𝒕𝒊𝒕𝒖𝒕𝒊𝒐𝒏 𝒖𝒏𝒅𝒆𝒓 𝒕𝒉𝒆 𝑪𝒂𝒎𝒆𝒓𝒐𝒐𝒏 𝑷𝑪.

Sections 294 and 343 of the Penal Code punishes prostitution in Cameroon.

Prostitution was defined by 𝐃𝐚𝐫𝐥𝐢𝐧𝐠 𝐉; 𝐢𝐧 𝐭𝐡𝐞 𝐜𝐚𝐬𝐞 𝐨𝐟 𝐑 𝐯. 𝐃𝐞 𝐌𝐮𝐧𝐜𝐤 as
“𝘵𝘩𝘦 𝘰𝘧𝘧𝘦𝘳𝘪𝘯𝘨 𝘣𝘺 𝘢 𝘸𝘰𝘮𝘢𝘯 𝘰𝘧 𝘩𝘦𝘳 𝘣𝘰𝘥𝘺 𝘧𝘰𝘳 𝘱𝘶𝘳𝘱𝘰𝘴𝘦𝘴 𝘢𝘮𝘰𝘶𝘯𝘵𝘪𝘯𝘨 𝘵𝘰 𝘤𝘰𝘮𝘮𝘰𝘯 𝘭𝘦𝘸𝘥𝘯𝘦𝘴𝘴 (Indecency) 𝘧𝘰𝘳 𝘱𝘢𝘺𝘮𝘦𝘯𝘵 𝘪𝘯 𝘳𝘦𝘵𝘶𝘳𝘯.”

Three elements are retained in this Common Law’s definition namely; offering the body, common lewdness and payment in return.

In fact prostitution at Common Law is thought to be a female stigma while the man goes off with impunity.

However, the Cameroonian PC punishes both men and women under Sections 343 (1) and (2) who engage in habitual sexual acts for remuneration and those who with a view to prostitution accost customers publicly either by words, gestures or signs with imprisonment for from 6 months to five years and with fine of from 20,000 to 500,000 frs CFA.

The PC punishes prostitution itself alongside other immoral and lewd acts like living on earnings of prostitution, keeping a brothel, encouraging of prostitution, street and public prostitution.

Section 294(1) of the PC punishes whoever facilitates another person’s prostitution or persons who live with the earnings of pr******te with imprisonment for from 6 months to 5 years and with fine from 20,000 to 1,000,000 frs CFA. Section 294(2) provides that “whoever lives with a person engaging in prostitution shall be presumed to be subsidised by her, unless he or she shows that his own resources are sufficient to enable him to support himself.

See Section 294 (3) for the aggravating circumstances of prostitution (a) where the offender is armed, or where he is the owner, manager or otherwise in charge of an establishment where prostitution is habitually practised, or where the offence is accompanied by coercion or by fraud (b) where offences have been committed to the detriment of any person under the age of twenty-one; (c) where the offender is the father or mother, guardian or person with customary responsibility. Under this cases the punishment shall be doubled.

What are your thoughts about this seemingly complicated and complex law ? What can be adjusted for the law to to be flexible?

𝘊𝘩𝘰𝘮𝘣𝘦𝘯𝘨 𝘙𝘦𝘯𝘦 𝘈𝘓𝘓𝘌𝘕 𝘚𝘩𝘶..
𝘈𝘥𝘷𝘰𝘤𝘢𝘵𝘦/𝘞𝘳𝘪𝘵𝘦𝘳/𝘚𝘰𝘤𝘪𝘢𝘭 𝘈𝘤𝘵𝘪𝘷𝘪𝘴𝘵
𝘏𝘪𝘨𝘩𝘦𝘳 𝘋𝘪𝘱𝘭𝘰𝘮𝘢 𝘐𝘯 𝘓𝘦𝘨𝘢𝘭 𝘗𝘳𝘢𝘤𝘵𝘪𝘤𝘦 (𝘏𝘋𝘓𝘗)
𝘐𝘯𝘴𝘵𝘪𝘵𝘶𝘵𝘦 𝘖𝘧 𝘓𝘦𝘨𝘢𝘭 𝘗𝘳𝘢𝘤𝘵𝘪𝘤𝘦 𝘢𝘯𝘥 𝘋𝘦𝘷𝘦𝘭𝘰𝘱𝘮𝘦𝘯𝘵
𝘐𝘓𝘗𝘋, 𝘙𝘸𝘢𝘯𝘥𝘢.
𝘓𝘓𝘉 (𝘏𝘰𝘯𝘴) 𝘌𝘯𝘨𝘭𝘪𝘴𝘩 𝘗𝘳𝘪𝘷𝘢𝘵𝘦 𝘓𝘢𝘸,
𝘜𝘯𝘪𝘷𝘦𝘳𝘴𝘪𝘵𝘺 𝘖𝘧 𝘉𝘢𝘮𝘦𝘯𝘥𝘢 𝘊𝘢𝘮𝘦𝘳𝘰𝘰𝘯.

𝐓𝐡𝐞 𝐏𝐮𝐫𝐩𝐨𝐬𝐞 𝐨𝐟 𝐏𝐮𝐧𝐢𝐬𝐡𝐦𝐞𝐧𝐭.

We all like when people are punished when they commit crimes or we punish our children and peers when we feel they have wronged us but what is the purpose of punish ?

Punishment has five recognized purposes: deterrence, incapacitation, rehabilitation, retribution, and restitution.

Below we will further examine these purposes for better understanding.

𝟏. 𝐒𝐩𝐞𝐜𝐢𝐟𝐢𝐜 𝐚𝐧𝐝 𝐆𝐞𝐧𝐞𝐫𝐚𝐥 𝐃𝐞𝐭𝐞𝐫𝐫𝐞𝐧𝐜𝐞.

Deterrence prevents future crime by frightening the defendant or the public.

The two types of deterrence are specific and general deterrence.

𝟏.𝐢. 𝐒𝐩𝐞𝐜𝐢𝐟𝐢𝐜 𝐝𝐞𝐭𝐞𝐫𝐫𝐞𝐧𝐜𝐞: Specific deterrence applies to an individual defendant. When the government punishes an individual defendant, he or she is theoretically less likely to commit another crime because of fear of another similar or worse punishment.

𝟏.𝐢𝐢. 𝐆𝐞𝐧𝐞𝐫𝐚𝐥 𝐝𝐞𝐭𝐞𝐫𝐫𝐞𝐧𝐜𝐞: General deterrence applies to the public at large. When the public learns of an individual defendant’s punishment, the public is theoretically less likely to commit a crime because of fear of the punishment the defendant experienced.

When the public learns, for example, that an individual defendant was severely punished by a sentence of life in prison or the death penalty, this knowledge can inspire a deep fear of criminal prosecution.

𝟐. 𝐈𝐧𝐜𝐚𝐩𝐚𝐜𝐢𝐭𝐚𝐭𝐢𝐨𝐧.

Incapacitation prevents future crime by removing the defendant from society. Examples of incapacitation are incarceration, house arrest, or ex*****on pursuant to the death penalty.
Simply put, when you keep a criminal in prison for instance, you incapacitate them and make them not able to commit another crime.

𝟑. 𝐑𝐞𝐡𝐚𝐛𝐢𝐥𝐢𝐭𝐚𝐭𝐢𝐨𝐧.

Rehabilitation prevents future crime by altering a defendant’s behavior through university empowerment .

Examples of rehabilitation include educational and vocational programs, treatment center placement, and counseling.

The court can combine rehabilitation with incarceration for better results .

In some countries , for example, nonviolent drug offenders and minor criminals must participate in rehabilitation in combination with probation, rather than submitting to incarceration (𝗔𝗿𝗶𝘇. 𝗥𝗲𝘃. 𝗦𝘁𝗮𝘁., 𝟮𝟬𝟭𝟬).

This lightens the load of jails and prisons while lowering recidivism, which means reoffending.

𝟒. 𝐑𝐞𝐭𝐫𝐢𝐛𝐮𝐭𝐢𝐨𝐧.

Retribution prevents future crime by removing the desire for personal avengement (in the form of assault, battery, and criminal homicide, for example) against the defendant.

When victims or society discover that the defendant has been adequately punished for a crime, they achieve a certain satisfaction that our criminal procedure is working effectively, which enhances faith in law enforcement and our government.

𝟓. 𝐑𝐞𝐬𝐭𝐢𝐭𝐮𝐭𝐢𝐨𝐧.

Restitution prevents future crime by punishing the defendant financially.

Restitution is when the court orders the criminal defendant to pay the victim for any harm and resembles a civil litigation damages award.

Restitution can be for physical injuries, loss of property or money, and rarely, emotional distress.

It can also be a fine that covers some of the costs of the criminal prosecution and punishment.

𝐂𝐡𝐨𝐦𝐛𝐞𝐧𝐠 𝐀𝐋𝐋𝐄𝐍 𝐄𝐬𝐪.
𝐀𝐝𝐯𝐨𝐜𝐚𝐭𝐞/𝐖𝐫𝐢𝐭𝐞𝐫/𝐒𝐨𝐜𝐢𝐚𝐥 𝐀𝐜𝐭𝐢𝐯𝐢𝐬𝐭
𝐇𝐢𝐠𝐡𝐞𝐫 𝐃𝐢𝐩𝐥𝐨𝐦𝐚 𝐈𝐧 𝐋𝐞𝐠𝐚𝐥 𝐏𝐫𝐚𝐜𝐭𝐢𝐜𝐞 (𝐇𝐃𝐋𝐏)
𝐈𝐧𝐬𝐭𝐢𝐭𝐮𝐭𝐞 𝐎𝐟 𝐋𝐞𝐠𝐚𝐥 𝐏𝐫𝐚𝐜𝐭𝐢𝐜𝐞 𝐚𝐧𝐝 𝐃𝐞𝐯𝐞𝐥𝐨𝐩𝐦𝐞𝐧𝐭
𝐈𝐋𝐏𝐃, 𝐑𝐰𝐚𝐧𝐝𝐚.
𝐋𝐋𝐁 (𝐇𝐨𝐧𝐬) 𝐄𝐧𝐠𝐥𝐢𝐬𝐡 𝐏𝐫𝐢𝐯𝐚𝐭𝐞 𝐋𝐚𝐰,
𝐔𝐧𝐢𝐯𝐞𝐫𝐬𝐢𝐭𝐲 𝐎𝐟 𝐁𝐚𝐦𝐞𝐧𝐝𝐚 𝐂𝐚𝐦𝐞𝐫𝐨𝐨𝐧.

𝐈𝐦𝐩𝐨𝐫𝐭𝐚𝐧𝐭 𝐓𝐢𝐩𝐬 𝐢𝐧 𝐂𝐨𝐧𝐭𝐫𝐚𝐜𝐭 𝐃𝐫𝐚𝐟𝐭𝐢𝐧𝐠.

It is true that People and businesses can write their own contracts.

However, contract law is highly technical reason why you should at least speak with a business lawyer to learn more about how they could help you and where your signed contracts could be improved.

𝐖𝐡𝐚𝐭 𝐈𝐬 𝐚 𝐖𝐫𝐢𝐭𝐭𝐞𝐧 𝐂𝐨𝐧𝐭𝐫𝐚𝐜𝐭?

A written contract , also called an agreement, is a legal document between two or more businesses or individuals that define a contractual relationship over the course of a transaction over a given period of time.

Written agreements are legally binding and contain provisions called clauses . You must hire someone with legal drafting skills and knowledge when creating your written contracts.

𝐁𝐞𝐥𝐨𝐰, 𝐰𝐞 𝐡𝐚𝐯𝐞 𝐨𝐮𝐭𝐥𝐢𝐧𝐞𝐝 𝐚 𝐬𝐭𝐞𝐩-𝐛𝐲-𝐬𝐭𝐞𝐩 𝐠𝐮𝐢𝐝𝐞 𝐭𝐡𝐚𝐭 𝐬𝐡𝐨𝐰𝐬 𝐲𝐨𝐮 𝐡𝐨𝐰 𝐭𝐨 𝐝𝐫𝐚𝐟𝐭 𝐚 𝐜𝐨𝐧𝐭𝐫𝐚𝐜𝐭:

𝐒𝐭𝐞𝐩 𝟏. 𝐈𝐧𝐟𝐨𝐫𝐦𝐚𝐭𝐢𝐨𝐧 𝐆𝐚𝐭𝐡𝐞𝐫𝐢𝐧𝐠.

At the top of the page, write down the names of the people and companies involved in the contract as well as the effective date.

For example, “On this 29th day of May 2022, ABC Company enters into the agreement with XYZ Inc. as contained herein.”

𝐒𝐭𝐞𝐩 𝟐. 𝐋𝐢𝐬𝐭 𝐘𝐨𝐮𝐫 𝐒𝐞𝐫𝐯𝐢𝐜𝐞𝐬 𝐨𝐫 𝐏𝐫𝐨𝐝𝐮𝐜𝐭𝐬.

Your next task is to describe or list the products or services you’re offering in exchange for payment.

Get really specific in this section since general terms are open to interpretation. You don’t want to be on the side of an agreement where a client can press you to perform more work than intended.

𝐒𝐭𝐞𝐩 𝟑. 𝐃𝐞𝐭𝐞𝐫𝐦𝐢𝐧𝐞 𝐓𝐞𝐫𝐦 𝐋𝐞𝐧𝐠𝐭𝐡.

You should also specify how long your agreement will last. Companies can have them end after a certain amount of time, such as 90 days, or offer a more finite contract termination clause date.

If your customer is willing to work on an ongoing basis, you may also indicate as such in this section.

𝐒𝐭𝐞𝐩 𝟒. 𝐋𝐚𝐲 𝐎𝐮𝐭 𝐭𝐡𝐞 𝐂𝐨𝐧𝐬𝐞𝐪𝐮𝐞𝐧𝐜𝐞𝐬.

Breach of contract and negligence claims are common in the business world.

Ensure that you let customers know what penalties are on the line for non-payment or non-delivery.

Ensure that you insert the term “null and void” into this section as appropriate so that you no longer have to work with individuals who don’t fulfill their contractual obligations.

𝐒𝐭𝐞𝐩 𝟓. 𝐃𝐞𝐭𝐞𝐫𝐦𝐢𝐧𝐞 𝐃𝐢𝐬𝐩𝐮𝐭𝐞 𝐑𝐞𝐬𝐨𝐥𝐮𝐭𝐢𝐨𝐧 𝐓𝐞𝐫𝐦𝐬.

How will your company deal with disputes as they arise? This question is an important one to address since there are many options.

On the one hand, you could permit the traditional methods of civil litigation.

Still, on the other, you could enforce alternative dispute resolution measures, such as mediation or arbitration.

𝐒𝐭𝐞𝐩 𝟔. 𝐂𝐫𝐞𝐚𝐭𝐞 𝐒𝐢𝐠𝐧𝐚𝐭𝐮𝐫𝐞 𝐚𝐧𝐝 𝐃𝐚𝐭𝐞 𝐋𝐢𝐧𝐞𝐬.

You can’t have a valid and enforceable contract unless both parties sign on the dotted line. Conclude your signed contract with two signature and date lines for both parties to sign.

It doesn’t matter who signs the contract first, nor does the order of signing necessarily infer any advantages.

With the above done, there are still tips that must be taken into consideration when drafting a contract as further exposed below.

𝟓 𝐂𝐨𝐧𝐭𝐫𝐚𝐜𝐭 𝐃𝐫𝐚𝐟𝐭𝐢𝐧𝐠 𝐓𝐢𝐩𝐬.

Drafting contracts is not exactly the most exhilarating activity. Every word, comma, period, sentence, and paragraph of the document that eventually becomes a contract are critical to its existence and interpretation.

As a result, getting a contract to an agreeable form necessitates painstaking precision.

It is frequently said that negotiation is an art, and when it comes to contracting, both the negotiation and drafting of the agreement require a unique set of skills and knowledge.

𝟏. 𝐃𝐨 𝐍𝐨𝐭 𝐑𝐞𝐢𝐧𝐯𝐞𝐧𝐭 𝐭𝐡𝐞 𝐖𝐡𝐞𝐞𝐥.

First and foremost, the whole contracting world has been around long enough that there is no reason anyone should have to begin a contract from scratch.

In most jurisdictions, there are some pretty standard clauses that must be included and these can easily help lay the foundation for the contract’s direction.

Plenty of law firms and in house counsel for companies rely on templates to get the ball rolling, and this should almost always be the case when getting started.

𝟐. 𝐒𝐭𝐚𝐫𝐭 𝐖𝐢𝐭𝐡 𝐚𝐧 𝐎𝐮𝐭𝐥𝐢𝐧𝐞.

Obviously, templates are not going to address any unique facets of a contractual agreement, so some level of thought and creativity will be required for the drafting process.

With respect to the nuanced aspects of the deal, it is a good idea to create an outline highlighting the key terms and conditions that must be included.

Most types of writing begin with some kind of outline, and drafting a contract really does not need to be any different.

𝟑. 𝐒𝐭𝐢𝐜𝐤 𝐭𝐨 𝐭𝐡𝐞 𝟑 “𝐂𝐬”.

When thinking about how to draft a contract, the key is to stick to the three “Cs,” which means be clear, concise, and consistent.

Clarity is crucial to avoiding arguments over interpretation and getting right to the point prevents the likelihood of important points being lost in verbosity.

In addition, it is absolutely vital for the drafters to ensure that information stated in one place that is reiterated elsewhere is always consistent.

When key information, such as an important deadline or price, does not match in different sections, this can be a recipe for a disastrous court battle.

𝟒. 𝐃𝐨 𝐍𝐨𝐭 𝐒𝐡𝐲 𝐀𝐰𝐚𝐲 𝐅𝐫𝐨𝐦 𝐃𝐞𝐟𝐢𝐧𝐢𝐭𝐢𝐨𝐧𝐬.

People tend to dislike contracts because of the legalese contained within them.

Vague and borderline useless words like reasonable and of the essence are often used liberally.

Unfortunately, there are certain words that take on legal significance, and while these may be necessary in some instances, they are not in others.

If and when a special or unusual word is used, it must be clearly defined. It is often worthwhile to include a glossary with definitions to make it abundantly clear what a word means and this helps with ensuring there is consistency in the words’ usage.

𝟓. 𝐏𝐚𝐲 𝐀𝐭𝐭𝐞𝐧𝐭𝐢𝐨𝐧 𝐭𝐨 𝐆𝐫𝐚𝐦𝐦𝐚𝐫 𝐀𝐍𝐃 𝐏𝐮𝐧𝐜𝐭𝐮𝐚𝐭𝐢𝐨𝐧.

People may not realize the importance of a comma until they learn that this single, seemingly insignificant piece of punctuation can end up costing a company millions in money.

The tense of verbs, pronouns, conjunctions, and punctuation must be used carefully and correctly.

These are often minor details that the initial drafters begin to inadvertently overlook because they have gone through the document so many times.

Thus, having someone less familiar with the document take on the role of proofreader is often advantageous.

Note that contract drafting is a whole legal speciality on its own hence cannot be totally elaborated on a single Facebook post like this, always make sure you get a contract lawyer whenever you’re part of a contract.

𝐂𝐡𝐨𝐦𝐛𝐞𝐧𝐠 𝐀𝐋𝐋𝐄𝐍 𝐄𝐬𝐪.
𝐀𝐝𝐯𝐨𝐜𝐚𝐭𝐞/𝐖𝐫𝐢𝐭𝐞𝐫/𝐒𝐨𝐜𝐢𝐚𝐥 𝐀𝐜𝐭𝐢𝐯𝐢𝐬𝐭
𝐇𝐢𝐠𝐡𝐞𝐫 𝐃𝐢𝐩𝐥𝐨𝐦𝐚 𝐈𝐧 𝐋𝐞𝐠𝐚𝐥 𝐏𝐫𝐚𝐜𝐭𝐢𝐜𝐞 (𝐇𝐃𝐋𝐏)
𝐈𝐧𝐬𝐭𝐢𝐭𝐮𝐭𝐞 𝐎𝐟 𝐋𝐞𝐠𝐚𝐥 𝐏𝐫𝐚𝐜𝐭𝐢𝐜𝐞 𝐚𝐧𝐝 𝐃𝐞𝐯𝐞𝐥𝐨𝐩𝐦𝐞𝐧𝐭
𝐈𝐋𝐏𝐃, 𝐑𝐰𝐚𝐧𝐝𝐚.
𝐋𝐋𝐁 (𝐇𝐨𝐧𝐬) 𝐄𝐧𝐠𝐥𝐢𝐬𝐡 𝐏𝐫𝐢𝐯𝐚𝐭𝐞 𝐋𝐚𝐰,
𝐔𝐧𝐢𝐯𝐞𝐫𝐬𝐢𝐭𝐲 𝐎𝐟 𝐁𝐚𝐦𝐞𝐧𝐝𝐚 𝐂𝐚𝐦𝐞𝐫𝐨𝐨𝐧.

𝐔𝐧𝐢𝐧𝐭𝐞𝐧𝐭𝐢𝐨𝐧𝐚𝐥 𝐊𝐢𝐥𝐥𝐢𝐧𝐠 𝐀𝐊𝐀 𝐈𝐧𝐯𝐨𝐥𝐮𝐧𝐭𝐚𝐫𝐲 𝐌𝐚𝐧𝐬𝐥𝐚𝐮𝐠𝐡𝐭𝐞𝐫

Hello Fam good morning, today we look into unintentional Killing AKA involuntary Manslaughter according to the Cameroonian Lawmaker.

Unintentional killing is punishable under Section 289(1) of the (Cameroon Penal Code) CPC. This Section provides:

“whoever by lack of due skill, carelessness, rashness or disregard of regulation causes another’s death or such harm, sickness or incapacity as is described in section 277 or 280 shall be punished with imprisonment for from 3 months to 5 years or with find of from 10 to 50,000 thousand francs, or with both such imprisonment and fine”.

A man may do an act which itself is not reproachable but accomplished it in a blameworthy manner.

If the act so accomplished results in the death of another person, the man would be guilty of unintentional killing.

For example, Mr Allen is driving his car from Bafoussam to Dschang. He drives at such a reckless speed that he takes a sharp bend without being able to slow his car down sufficiently.

Consequently, he knocks down and kills Samson a pedestrian who at the material time was walking at the right side of the road, keeping close to the edge and well away from traffic.

Mr. Allen will be charged for “unintentional killing” under S.289 (1) of the PC.

He did not intend to kill Mr. Samson but his conduct is blameworthy and that unintentionally cause the death of the victim.

For a situation of unintentional killing to be established, the following must be taken into consideration.

𝐚) 𝐓𝐡𝐞 𝐌𝐚𝐭𝐞𝐫𝐢𝐚𝐥 𝐄𝐥𝐞𝐦𝐞𝐧𝐭.
The material element of unintentional killing
There is no exact nature of the act of the offender which causes death.

Any act would suffice. The Cameroonian legislator has not defined any act.

Even an omission is enough.
However, there must be a direct causal connection between the offender’s conduct and the victim’s death.

The offender’s conduct is not criminally punishable as “unintentional killing” unless it results in the death of another person.

𝐛) 𝐓𝐡𝐞 𝐌𝐞𝐧𝐭𝐚𝐥 𝐄𝐥𝐞𝐦𝐞𝐧𝐭

“Unintentional Killing” is an unintentional offence. The defendant (offender) would be liable to prosecution for this offence even where it is clear that he did not intend to cause death of the deceased person, provided it is established that his conduct was otherwise blameworthy, in other words that he was “at fault”.

The “faults” have been enumerated by the code under Section 289 (1) as “lack of due skill” or “carelessness” or “rashness” or “disregard of regulation”.

The prosecution must prove the defendant unintentionally caused the death of another person by an act of violence done in the course or furtherance of a crime. Violence is a necessary element of the crime committed.

In each case is for the judge or jury to decide from the evidence presented.

𝐂𝐡𝐨𝐦𝐛𝐞𝐧𝐠 𝐀𝐋𝐋𝐄𝐍 𝐄𝐬𝐪.
𝐀𝐝𝐯𝐨𝐜𝐚𝐭𝐞/𝐖𝐫𝐢𝐭𝐞𝐫/𝐒𝐨𝐜𝐢𝐚𝐥 𝐀𝐜𝐭𝐢𝐯𝐢𝐬𝐭
𝐇𝐢𝐠𝐡𝐞𝐫 𝐃𝐢𝐩𝐥𝐨𝐦𝐚 𝐈𝐧 𝐋𝐞𝐠𝐚𝐥 𝐏𝐫𝐚𝐜𝐭𝐢𝐜𝐞 (𝐇𝐃𝐋𝐏)
𝐈𝐧𝐬𝐭𝐢𝐭𝐮𝐭𝐞 𝐎𝐟 𝐋𝐞𝐠𝐚𝐥 𝐏𝐫𝐚𝐜𝐭𝐢𝐜𝐞 𝐚𝐧𝐝 𝐃𝐞𝐯𝐞𝐥𝐨𝐩𝐦𝐞𝐧𝐭
𝐈𝐋𝐏𝐃, 𝐑𝐰𝐚𝐧𝐝𝐚.
𝐋𝐋𝐁 (𝐇𝐨𝐧𝐬) 𝐄𝐧𝐠𝐥𝐢𝐬𝐡 𝐏𝐫𝐢𝐯𝐚𝐭𝐞 𝐋𝐚𝐰,
𝐔𝐧𝐢𝐯𝐞𝐫𝐬𝐢𝐭𝐲 𝐎𝐟 𝐁𝐚𝐦𝐞𝐧𝐝𝐚 𝐂𝐚𝐦𝐞𝐫𝐨𝐨𝐧.

𝐖𝐡𝐚𝐭 𝐇𝐚𝐩𝐩𝐞𝐧𝐬 𝐰𝐡𝐞𝐧 𝐚 𝐦𝐚𝐧 𝐝𝐢𝐞𝐬 𝐰𝐢𝐭𝐡𝐨𝐮𝐭 𝐚 𝐖𝐢𝐥𝐥 𝐢𝐧 𝐂𝐚𝐦𝐞𝐫𝐨𝐨𝐧 (𝐢𝐧𝐭𝐞𝐬𝐭𝐚𝐭𝐞) ?

Intestacy is the state of dying without a will. If a person dies without a will he is said to have “died intestate.”

In Cameroon law just like in any other law, when there is no will, the legislation governs the liquidation of the deceased's estate.

The constitution of Cameroon, 𝑡ℎ𝑒 𝐶𝑖𝑣𝑖𝑙 𝑆𝑡𝑎𝑡𝑢𝑠 𝑅𝑒𝑔𝑖𝑠𝑡𝑟𝑎𝑡𝑖𝑜𝑛 𝑂𝑟𝑑𝑖𝑛𝑎𝑛𝑐𝑒, 𝑡ℎ𝑒 𝑁𝑜𝑛-𝑐𝑜𝑛𝑡𝑒𝑛𝑡𝑖𝑜𝑢𝑠 𝑃𝑟𝑜𝑏𝑎𝑡𝑒 𝑅𝑢𝑙𝑒𝑠 𝑜𝑓 1954, 𝑆𝑒𝑐𝑡𝑖𝑜𝑛 46 (1) 𝑜𝑓 𝑡ℎ𝑒 𝐴𝑑𝑚𝑖𝑛𝑖𝑠𝑡𝑟𝑎𝑡𝑖𝑜𝑛 𝑜𝑓 𝐸𝑠𝑡𝑎𝑡𝑒𝑠 𝐴𝑐𝑡 1925, 𝑎𝑛𝑑 𝑡ℎ𝑒 𝐹𝑟𝑒𝑛𝑐ℎ 𝐶𝑖𝑣𝑖𝑙 𝐶𝑜𝑑𝑒 𝑜𝑓 1804 serve as the foundation for this framework.

𝐈𝐧𝐭𝐞𝐬𝐭𝐚𝐭𝐞 𝐈𝐧𝐡𝐞𝐫𝐢𝐭𝐚𝐧𝐜𝐞.

The deceased's assets are divided according to the degree of kinship of the co-heirs with the deceased.

𝐖𝐡𝐞𝐧 𝐭𝐡𝐞 𝐝𝐞𝐜𝐞𝐚𝐬𝐞𝐝 𝐢𝐬 𝐌𝐚𝐫𝐫𝐢𝐞𝐝.

For an estate without a will, when the man is married and his legal wife is the mother of all his children, the division is as follows:

𝐰𝐡𝐞𝐧 𝐭𝐡𝐞 𝐜𝐡𝐢𝐥𝐝𝐫𝐞𝐧 𝐚𝐫𝐞 𝐦𝐢𝐧𝐨𝐫𝐬.

If the children of the deceased and his surviving spouse are minors, his wife will benefit from the usufruct (the right to enjoy the use and advantages of another's property while awaiting a permanent decision of heir) of the entirety of the deceased's assets until his children reach the age of majority which is 21 years of age.

𝐖𝐡𝐞𝐧 𝐭𝐡𝐞 𝐜𝐡𝐢𝐥𝐝𝐫𝐞𝐧 𝐚𝐫𝐞 𝐚𝐝𝐮𝐥𝐭𝐬.

If his children are adults, his wife will receive a quarter of his assets in full, while his children will receive equal parts of the rest of the estate.

𝐓𝐞𝐫𝐦𝐢𝐧𝐚𝐭𝐢𝐨𝐧 𝐨𝐟 𝐔𝐬𝐮𝐟𝐫𝐮𝐜𝐭. (the right to enjoy the use and advantages of another's property while awaiting a permanent decision of heir)

The usufruct also ceases when the surviving spouse remarries or dies, the loopholes of the law here is that where does inherited asset go to when the widow later remarries ?.

𝐖𝐡𝐞𝐧 𝐭𝐡𝐞 𝐢𝐧𝐭𝐞𝐬𝐭𝐚𝐭𝐞 𝐦𝐚𝐧 𝐚𝐥𝐬𝐨 𝐡𝐚𝐬 𝐜𝐡𝐢𝐥𝐝𝐫𝐞𝐧 𝐰𝐢𝐭𝐡 𝐚𝐧𝐨𝐭𝐡𝐞𝐫 𝐰𝐨𝐦𝐚𝐧.

If the intestate man also has children with another woman, the surviving spouse receives a quarter of the assets in full, and the remainder of the estate is divided equally among the children of the two wives.

If the children by the other wife are minors, their mother or their designated representative will administer (usufruct) their inheritance until they reach the age of majority.

The Cameroon Civil Code states that "'legally recognized natural children whose father or mother, after the children's conception, were engaged in marriage that resulted in legitimate children'" receive only half of the part to which they would have been entitled if all of the deceased's children had been legitimate.

𝐀𝐩𝐩𝐫𝐨𝐩𝐫𝐢𝐚𝐭𝐞 𝐀𝐮𝐭𝐡𝐨𝐫𝐢𝐭𝐲 𝐟𝐨𝐫 𝐒𝐞𝐭𝐭𝐥𝐢𝐧𝐠 𝐭𝐡𝐞 𝐄𝐬𝐭𝐚𝐭𝐞.

It is the deceased's family, for example, the widows and children, who have the authority to settle an estate, "since the court cannot itself attend" to the matter.

The administration and sharing of an estate can be settled directly before a notary if there are no particular problems; otherwise it is done before a judge.

An estate may be liquidated under customary law before the First Degree Tribunal (Tribunal de premier degré), but on the condition that all inheriting parties consent; otherwise, the parties must go before the Court of First Instance (Tribunal de grande instance).

𝐑𝐞𝐩𝐮𝐠𝐧𝐚𝐧𝐭 𝐂𝐮𝐬𝐭𝐨𝐦𝐚𝐫𝐲 𝐥𝐚𝐰𝐬 𝐨𝐧 𝐢𝐧𝐡𝐞𝐫𝐢𝐭𝐚𝐧𝐜𝐞.

There are "many customary laws in Cameroon that … apply to the liquidation of an estate, according to the ethnicity of the deceased and co-heirs" for example the Koms and the Wuna from the northwest region of Cameroonian who practice matrilineal succession.

𝐂𝐨𝐦𝐦𝐨𝐧 𝐥𝐚𝐰 𝐚𝐧𝐝 𝐭𝐡𝐞 𝐫𝐞𝐩𝐮𝐠𝐧𝐚𝐧𝐜𝐲 𝐫𝐮𝐥𝐞 𝐚𝐠𝐚𝐢𝐧𝐬𝐭 𝐛𝐢𝐚𝐬𝐞𝐝 𝐂𝐮𝐬𝐭𝐨𝐦𝐚𝐫𝐲 𝐋𝐚𝐰𝐬.

The practice of common law in English speaking Cameroon and customary law makes sure that inheritance is not biased on gender or age of beneficiaries.

In Cameroon, there is a framework in place to protect
women's inheritance rights.

The landmark case of 𝐙𝐚𝐦𝐜𝐡𝐨 𝐅𝐥𝐨𝐫𝐞𝐧𝐜𝐞 𝐋𝐮𝐦 𝐕
𝐂𝐡𝐢𝐛𝐢𝐤𝐨𝐦 𝐏𝐞𝐭𝐞𝐫 𝐅𝐫𝐮, decided by the Supreme Court,
lends credence to the fact that women's right to
inheritance is protected in Cameroon.

The Supreme Court of Cameroon, in overturning the Bamenda Court of Appeal's decision, held that the customary principle denying a female the right to inherit her father's property or to be declared next of kin is contrary to natural justice, equity, and good conscience as required by 𝑠𝑒𝑐𝑡𝑖𝑜𝑛 27 𝑜𝑓 𝑡ℎ𝑒 𝑆𝑜𝑢𝑡ℎ𝑒𝑟𝑛 𝐶𝑎𝑚𝑒𝑟𝑜𝑜𝑛 𝐻𝑖𝑔ℎ 𝐶𝑜𝑢𝑟𝑡 𝐿𝑎𝑤𝑠.

Similarly, in 𝐍𝐲𝐚𝐧𝐣𝐚 𝐊𝐞𝐲𝐢 𝐓𝐡𝐞𝐫𝐞𝐬𝐢𝐚 & 𝟒 𝐎𝐫𝐬. 𝐯. 𝐍𝐤𝐰𝐢𝐧𝐠𝐚𝐡 𝐅𝐫𝐚𝐧𝐜𝐢𝐬 𝐍𝐣𝐚𝐧𝐠𝐚 𝐚𝐧𝐝 𝐊𝐞𝐲𝐢𝐦, administrators of the estate of 𝐊𝐞𝐲𝐢 𝐏𝐞𝐭𝐞𝐫.

The High Court of Fako Division of the South West Region invoked the doctrine and rejected a custom for being patriarchal and inconsistent with gender equality for denying daughters the right to inherit on the intestacy of their deceased father and, instead, transferring such right to the deceased’s brother and cousin.

With the above said, the court and judges in Cameroon base their intestacy judgements on a realistic and less biased rationale when arriving at verdicts.

𝐂𝐡𝐨𝐦𝐛𝐞𝐧𝐠 𝐀𝐋𝐋𝐄𝐍 𝐄𝐬𝐪.
𝐀𝐝𝐯𝐨𝐜𝐚𝐭𝐞/𝐖𝐫𝐢𝐭𝐞𝐫/𝐒𝐨𝐜𝐢𝐚𝐥 𝐀𝐜𝐭𝐢𝐯𝐢𝐬𝐭
𝐇𝐢𝐠𝐡𝐞𝐫 𝐃𝐢𝐩𝐥𝐨𝐦𝐚 𝐈𝐧 𝐋𝐞𝐠𝐚𝐥 𝐏𝐫𝐚𝐜𝐭𝐢𝐜𝐞 (𝐇𝐃𝐋𝐏)
𝐈𝐧𝐬𝐭𝐢𝐭𝐮𝐭𝐞 𝐎𝐟 𝐋𝐞𝐠𝐚𝐥 𝐏𝐫𝐚𝐜𝐭𝐢𝐜𝐞 𝐚𝐧𝐝 𝐃𝐞𝐯𝐞𝐥𝐨𝐩𝐦𝐞𝐧𝐭
𝐈𝐋𝐏𝐃, 𝐑𝐰𝐚𝐧𝐝𝐚.
𝐋𝐋𝐁 (𝐇𝐨𝐧𝐬) 𝐄𝐧𝐠𝐥𝐢𝐬𝐡 𝐏𝐫𝐢𝐯𝐚𝐭𝐞 𝐋𝐚𝐰,
𝐔𝐧𝐢𝐯𝐞𝐫𝐬𝐢𝐭𝐲 𝐎𝐟 𝐁𝐚𝐦𝐞𝐧𝐝𝐚 𝐂𝐚𝐦𝐞𝐫𝐨𝐨𝐧.