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, its 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.