La jurisprudences de Cameroun | High court of mezam

PROCÉDURES COLLECTIVES - RÈGLEMENT PRÉVENTIF - SUSPENSION DES POURSUITES - DÉSIGNATION D'UN EXPERT - COURSE DES INTÉRÊTS - SUSPENSION DES... The President of the court was petitioned to order preventive settlement pursuant to section 6 of the Uniform Act on Collective Proceedings for Wiping Off Debts. As per section 8 of the said Uniform Act, as soon as the proposal for preventive composition agreement is lodged, it shall be forwarded forthwith to the President of the court of competent jurisdiction who shall take a decision to suspend individual lawsuits and appoint an expert to prepare him a report on the economic and financial...

VOIES D'EXÉCUTION - VENTE FORCÉE - DÉCLARATIONS ET OBSERVATIONS - AUDIENCE ÉVENTUELLE MEASURES OF EXÉCUTION - ATTACHMENT OF PROPERTY -... debtors maintain that the former signed as a witness, that it is not stated therein that he signed as a borrower or a guarantor. In order to ascertain the validity of the deed, it is of prime import to examine the position of the law in relation to a valid mortgage deed and thereafter proceed to examine the requirements of a valid real property guarantee. The law governing mortgage is embodied in the Uniform Act on Securities. The instrument in issue was drawn on the 16th day of April 2008, by...

VOIES D'EXÉCUTION - VENTE FORCÉE - DÉCLARATIONS ET OBSERVATIONS DU DÉBITEUR - AUDIENCE ÉVENTUELLE MEASURES OF EXÉCUTION - ATTACHMENT OF... The judgment creditor filed a request for the sale of the property of the debtor. In matters of forced sale, the debtor in accordance with section 270 3 of the Uniform Act on Ac Aj Ab and Measures of Execution must make declarations and observations latest five days to the date of possible hearings, under penalty of forfeiture. In the absence of declarations and observations within the required time, the court will proceed to order the sale. Sections 269, 270 and 298 UASRPME High Court of Aa...

VOIES D'EXÉCUTION - VENTE FORCÉE - VENTE AUX ENCHÈRES - PUBLICITÉ DE LA VENTE - ADJUDICATION - TRANSFERT DU TITRE DE PROPRIÉTÉ MEASURES OF... When public auction of property has been ordered, section 2835 of the Uniform Act on Ac Af Ab and Measures of Execution provides that where no bid is made after three candles have been successively lit, the pursuing creditor shall be declared winner for the set up price, save where he requests that the auction sale be put off for another hearing for a new set up price. Section 283 UASRPME High Court of Aa BAdA, AGUH KUM Lucy v. NDE FRU Eric, suit no HCB/02S/2010 of 23 October 2012 The...

SECURITY - MORTGAGE DEED - PARTIES TO A MORTGAGE - MORTGAGOR - DUAL CONTRACT - NULLITY OF MORTGAGE - MEASURES OF EXECUTION - ATTACHMENT OF... Here the court had to decide on the objection against the attachment for sale of the property of ATONGFAC Elias in satisfaction of the creditor. In order to reach its decision, the court had other fundamental issues to grapple with. It had to determine whether the purported debtor and the guarantor were the same or different persons. In order to do so, it had to rule on the legal status of PROLICOM, the purported debtor. The court also had to rule on the validity of the mortgage deed. Section...

MEASURES OF EXECUTION - APPLICATION FOR DIVERSION - NULLITY OF MORTGAGE - VALIDITY OF MORTGAGE - ATTACHMENT - ADMINISTRATION OF ESTATE -... The court had to rule on an application for diversion of attached property based on the nullity of its mortgage. To arrive at its decision, the court had to determine the validity of the mortgage deed by a single co-owner and the possibility of attachment of the mortgaged property. Section 121 of the 1997 Uniform Act Ag Aa provides that persons whose rights over property are subject to duly notified conditions, cancellation or rescission, may only grant a mortgage on the property subject to the...

PROCÉDURES COLLECTIVES - COMMANDEMENT - PROCÉDURE ERRONÉE - CESSATION DES PAIEMENTS - DÉSIGNATION D'UN JUGE COMMISSAIRE MOTION ON NOTICE -... Ohadata J-13-221 PROCEDURES COLLECTIVES – COMMADEMENT – PROCEDURE ERRONEE – CESSATION DES PAIEMENTS – DESIGNATION D’UN JUGE COMMISSAIRE ARTICLE 28 AUPCAP ARTICLE 29 AUPCAP MOTION ON NOTICE – ORDER OF MANDAMUS – RULING SET ASIDE – WRONG PROCEDURE – PRELIMINARY OBJECTION – SPECIFIC PERFORMANCE – CESSATION OF PAYMENTS – COLLECTIVE PROCEEDINGS – APPOINTMENT OF COURT OFFICER The court was seized by motion on notice whereby the depositor was praying the court for an order to cause the Aa Z of a...