Neneng Law Office - Recognition of Foreign Judgments in Cameroon

December 7, 2023

Foreign judgment recognition and enforcement in Cameroon are crucial for maintaining international legal cooperation and protecting justice across borders. In Cameroon, as in many other jurisdictions, an efficient legal system plays an essential role for the fair and successful enforcement of foreign judgments. The objective of this article is to review the legal framework, procedures, issues concerning the recognition and enforcement of foreign judgments and the role of Neneng Law Office in Cameroon.

1. Legal Framework

Cameroon has shown its commitment to international legal cooperation by signing a number of regional and international treaties on the recognition and enforcement of foreign judgments, including the Geneva Convention on the Recognition and Enforcement of Foreign Arbitral Awards and the Treaty on the Harmonization of Business Law in Africa.
In addition to domestic legislation, these international measures aim to ensure uniformity and reciprocity in Cameroon's adoption and execution of foreign decisions.

Domestically, Cameroon's legal framework for recognizing and enforcing foreign judgments is primarily based on LawN°2007/001 of April 19, 2007, which institutes a Judge in Charge of Litigation Related to the Execution of Judgments and establishes conditions for the enforcement in Cameroon of Foreign Court Decisions, Public Acts, and Arbitral Awards.
The recognition and enforcement procedure adheres to the broad principles of due process, ensuring that all parties involved are treated fairly. Furthermore, the law requires that enforcement actions respect public policy and fundamental rights.

2. Recognition Procedure

The procedure of recognizing a foreign judgment in Cameroon begins with the filing of an application with the Cameroonian competent court. The applicant must produce documentation establishing the foreign judgment's legality, finality, and enforceability.
This evidence could include a certified copy of the judgment, an authenticity certificate, and, if necessary, a translation.
The court will consider the application, analyzing the foreign court's jurisdiction and ensuring compliance with Cameroonian public policy.
If the court determines that all prerequisites have been met, it will issue an exequatur, confirming the recognition of the foreign judgment and allowing it to be enforced.

3. Enforcement Procedure

The enforcement procedure begins once the foreign judgment is recognized. The successful party must apply before a competent Cameroon court using the exequatur obtained during the recognition process.
Following that, the court will consider the proper enforcement steps based on the nature and contents of the foreign decision.
Cameroon acknowledges a variety of execution methods, including but not limited to seizure, forced sale, and property return. The goal is to provide effective and realistic remedies for judgment creditors to satisfy their claims.
If the recognized judgment is a commercial dispute decision, the OHADA uniform act on simplified recovery procedure and execution of judgement shall apply in the cause of the enforcement process.

4. Challenges

Despite the legal structure in place, there are still difficulties in recognizing and enforcing foreign judgments in Cameroon. One key impediment is a lack of awareness and comprehension of the international conventions and state laws that govern this subject matter.

5. Conclusion

Cameroon's legal framework for recognizing and enforcement of foreign judgments demonstrates a commitment to international legal cooperation.
In combination with several international standards, LawN°2007/001 of April 19, 2007 to Establish a Judge in Charge of Litigation Related to the Execution of Judgments lays the groundwork for a fair and efficient process.
However, difficulties persist, such as the need for enhanced knowledge and procedure simplification to maintain uniformity and adequate access to justice.
As Cameroon strives for a strong legal system, tackling these difficulties would help to boost its legal services and over all judicial integrity.

6. The Role of Neneng Law Office and the Recognition and Enforcement of Judgments in  Cameroon.

Looking for a reputable law firm in Cameroon? Neneng Law Office is the place to go. We are committed to providing our clients with high-quality legal services based on our years of experience and competence.
Our team of professional lawyers are ready to guide you through the complexities of the legal system, whether you need assistance with a foreign judgment for recognition and enforcement in Cameroon or any other legal concern.
Client satisfaction is our top goal at Neneng Law Office, and we provide customized attention and tailored solutions for each case. You may rely on our expertise and in-depth understanding of Cameroon's laws and regulations. Contact Neneng Law Office today for all of your legal needs.
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