Evaluating the Concept of Immunity and Recovery Procedures under the OHADA Uniform Act: An Appraisal of it's Application in Anglophone Cameroon

Abstract

The concept of immunity was not addressed by the Sheriffs and Civil Process Act with respect to enforcement of judgment. Notwithstanding, the concept of immunity was dealt with in the Petition of Rights Act Cap 149 of the Laws of the Federation of Nigeria 1958. This Act was a pre-1961 Statute and applied in Anglophone Cameroon by virtue of the fact that Cameroonian legislators had not legislated upon this issue of immunity. This was equally a statute that was enacted before the unification process in 1961. Before the coming into force of the Petition of Rights Act, issues concerning immunity against prosecution were governed by the common law. The maxim “par in parem inparium non habet” meaning an equal has no power over an equal, was the guiding principle in cases of diplomatic immunity. Even with this immunity put in place, it's application becomes complex in commercial transaction especially in Anglophone Cameroon whose mode of operation in mostly Common Law in nature, and therefore rendering it's enforcement difficult. This situation of applying recovery procedures which most of the time conflicts with English law principles has becomes worrisome in aspects of procedures as far business transactions are concerned, and thereby putting the OHADA Uniform Act in a questionable position.