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Incomprehensive Response to Mr. Justice Mbuh: RE: Please Sir, Your Puport is Preposterous, Conceited and Misleading PDF Print E-mail
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Written by Martin Tumasang   
Monday, 17 October 2011 00:00

Hi Mr Ndikum,

I have read your purported comprehensive response to Mr Mbuh but to me it does not appear comprehensive as alleged or at all.

You claim to have checked with Blaise and the Bamenda Court and the purported judgment was never delivered by the court nor does it exist.

This is not the point at all and you misread the issues involved.

What Mbuh and Ndinka are saying is that the case was an originating summon to show cause why the judge should intervene and vary the draft order included (what we call today part 8 in the UK not the normal part 7 approach). Within the Claimant's case papers served on the defendants was a draft order of the court. Upon service to the defendant, it becomes a judgment nisi. If the defendant does not make an appearance or appears but fails to show cause, there will be no intervention by the judge and the judgment nisi by operation of the law automatically becomes a judgment absolute. It is automatic. The judgment does not need to be delivered by a Judge before it becomes absolute. It becomes absolute by operation of the law.

An analogy is where 2 parties enter into a contract. If one party breaches a condition of the Contract, his breach is repudiatory and all the other party has to do is to accept the repudiation and communicate this expressly or by conduct. He can reaffirm the Contract if he wants but from the point of breach and acceptance, the contract stands repudiated and there is no contract anymore.

If a party wants to claim a remedy under the contract, he can go to court. The judge can then confirm by judgment that the contract stands repudiated and there is no contract anymore. The key issue is that the repudiation is not by the judge delivering judgment. It is by operation of the law. The repudiatory breach and acceptance is enough. Even without judgment, a party can act on the basis that there is no contract anymore for example refuse payment etc.

Failure to make an appearance or failing to show cause after appearance perfected the served judgement nisi to a judgment absolute by operation of the law even without the judge delivering any judgment. This is Ndinka's  and Mbuh's stance.

I am not holding brief for Mbuh for he can take care of himself. I do not even expect you to accept the above. But for a comprehensive response as claimed, you who appears to have read law in the past, must at least understand the issues and address them to make your response comprehensive.

At no material time did Ndinka, Blaise or Mbuh claim that the judge delivered a judgment. They claim the judgment came into existence by operation of the law. The issue is whether this is correct and possible or not and not delivery of a judgment itself for the origination summon to show cause root was used to cure the defect that in Cameroon a judge for political reasons might not deliver such judgment.

Mbuh, Blaise and Ndinka have never pleaded in any of their write ups that a judgement was delivered by one judge or another hence your checking and confirmation is a waste of time. You took the issue of judgment delivery suo motu and started running with it and drawing conclusions when it has never been the issue at all.

On another note, Ndinka being a Queen's Counsel and former Batonnier or President of Cameroon Bar association (not sure of the exact name) has for over 20 years stated a legal approach he took and is still claiming that it is valid. He discusses the case with eminent jurist including law lords in London. You claim to respect him a lot. It is surprising that on a fundamental legal issue you think he has suddenly become a fool to be ridiculing himself all over the world about this judgment by operation of the law if there is nothing there.

Practical issues like proper service to defendants etc. can be an issue but to claim that his whole approach is flawed in its entirety is another issue.

The only reason I decided to put a word on this issue is because you appear to be a man of laws and you purport to have made a comprehensive response but it candidly falls below the standard I or any officious bystander can expect. You failed to appreciate the issues and failed to address them. To be fair, your response all butcomprehensive.

Regards


Dr Tumasang

 

 

Dear Mr Justice MBUH,

RE A COMPREHENSIVE RESPONSE TO MR JUSTICE MBUH:

Thank you very much for your response to my email.

Please find the affidavit attached hereunder which is quoted as High Court judgment HCB/28/92 in your press release below in

The Case of Ambazonia Vs Cameroun with ending END OF JUDGEMENT which purports a JUDGMENT.

I have crossed checked with the Bamenda High Court and High Court judgment HCB/28/92 was never delivered by that Honourable Court.

I have also crossed checked with Blaise Berinyuy, ESQ., my Learned Colleague,  who is one of the purported plaintiffs in that case and he avers that such a judgment does not exist.

Accordingly my position that your premise (posting to the BOBAN FORUM) regarding this matter is PREPOSTEROUS, CONCEITED AND MISLEADING
sustains.

I contribute to the BOBAN forum as a BOBAN and ONLY as a BOBAN who studied in Bali College for five jolly years and  will forever be grateful to my late father for that most important decision he took and the huge sacrifice he made to allow me study in such a fine institution, one of the finest in the world as it then was.

If you did not know when I was attending the London School of Economics and Political Science, amongst others, I always impressed on potential world leaders, my classmates, by stating that: 

"The most important thing that could ever happen to a man is that he was privileged indeed to study in Bali College for five years."

Regarding the other things you said about me I take them kindly but please note that I am one of your servants and I strongly believe that our organization (BOBA)will be forever stronger if we serve one another instead and shy away from using this forum to serve ourselves ONLY.

Please also note that according to the Christian teaching we received from such a fine school during five years of intense transformation, the way forward is for every one of us to be Godly towards one another and in that connection I am willing to meet you even if we shall disagree but that meeting should enable us compare notes to enhance our respective endeavours, hopefully.

Please anytime you are in Douala let me know; it will be awesome meeting you.

God bless you and long live BOBA.

Cheers,

BOBANLY yours,

P. F. NDIKUM, ´77


 

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