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Fon Dinka 100% Correct about HCB/28/92 PDF Print E-mail
Written by Chief Charles Taku   
Sunday, 23 October 2011 22:30

Dear everyone,

Without taking a position on this matter at this point in time, I wish  to clarify that the Procedure explained by Dr Tumasang is applicable in many significant jurisdictions world wide. Canada is one of such jurisdictions. Even in the civil law jurisdictions in Cameroun, a litigant approaching a juge des refere's  so called, drafts the order sought and attaches to his application to the court. The Presiding Judge merely signs it and it is served on the opposing party who has a period of 7 days to apply to get it discharged, failure of which it becomes absolute.
The relevance and signicance of the Ambazonia case rests with the use to which it is put. If Ambazonia intends to use it within our territory, they may have problems but if it must be used internationally, it may have some legal significance for the reasons:

  1. The International Jurisdictions place much importance on its own rules of procedure and evidence and such rules of procedure and evidence are flexible with regard to admissibility of documents, leaving the question of probative value to the fact finders. In this case, the Ambazonia judgment will pass the test of admissibility.
  2. Ambazonia makes an argument that the action was filed several years ago. Even if it were construed that a mere filing and serving of the action could not transform it into a judgment, the unassailable fact remains that by not listing the matter for hearing on the merit so many years after it was filed, accords Ambazonia with certain rights from reasonable inferences that could reasonably be drawn from such failure to list the matter for adjudication. In several cases against Cameroun that have come before International Courts  adverse inferences with significant consequences have been drawn against Cameroun for its failure to accord justiciable rights of litigation to those who have come before its courts. And where it does, it ignores the verdict. I am presently handling one of such cases. I had prevailed in some in the past and may well prevail in the current one.

For me, therefore, no matter from what ever perspective we consider this matter, Ambazonia has acquired certain legal rights from the mere fact of filing this action and placing the matter within the realm of justiciability, a cause of action,La Republique du  Cameroun has shied away from.  How this right may be construed having regard to the court processes in the custody of Ambazonia and the cause of action sought, is another matter which I do not intend to comment on at this point in time.

This opinion is informed by an anxious consideration of decisions and judgments that have been taken against Cameroun in international courts for the failure of its judiciary and courts in particular to place justiciable matters brought before them for adjudication after a lapse of several years.

Chief C.Taku