DELIVERY OR RESTITUTION OF SPECIFIC PERSONAL PROPERTY
Any person who claims the delivery or restitution of any specific, tangible, personal property may apply to the President of the competent court to order
Debt Recovery Blogs
Debt recovery practice in Cameroon is governed by the OHADA Law on Simplified Recovery Procedures and enforcement measures of 1998.
The OHADA Law on Simplified Recovery Procedures and enforcement measures of 1998 has put in place practical mechanisms through which debt recovery practice in Cameroon can be exercised before the competent court in view to enable a creditor is paid what he is due. This practical mechanism can be seen in the following perspectives;
- Mandatory Injunction to pay procedures
- Procedure for the Delivery or Restitution of Specific Personal Property
- Sequestration of Tangible Movable Property, Debts, Shareholdings and Other Transferable Securities
- Attachment and Sale Procedures
- Garnishee Proceedings
- Assignment of Earnings
- Simplified Procedure for Claims of Maintenance Allowance
- Attachment and Apprehension under a prior claim of Tangible Movable Property etc.
This blog is aimed at elaborating on the different aspects of debt recovery practice in Cameroon as provided by the OHADA Law for the benefit of clients, companies, investors and professionals who are doing business in Cameroon and may be subject to a debt recovery process.
When petitions are filed before the competent court in Cameroon for debt recovery, the debtor has either the choice to contest the petition in what is referred to as an opposition or not to contest in what is referred to as a non-opposition or an undefended list procedure.
The blogs below are illustrative of all the aspects of debt recovery practice in Cameroon.
EXAMINATION OF PETITIONS (MANDATORY INJUNCTION TO PAY DEBTS)
Where, upon examination of the documents submitted, the petition appears to be wholly or partially well-founded, the President of the competent court shall issue a
ENFORCEMENT MEASURES (RECOVERY OF DEBTS)
In default of voluntary execution, any creditor may, regardless of the nature of his claim and under the conditions provided for in this Uniform Act,
THE OPPOSITION (MANDATORY INJUNCTION TO PAY DEBTS)
The ordinary remedy against the mandatory injunction to pay shall be the opposition. It shall be brought before the President of the competent court who
EFFECTS OF THE MANDATORY INJUNCTION TO PAY DEBTS
The creditor may request the insertion of the executory formula on the ruling where no opposition is filed within fifteen days from notification of the
DECISION ORDERING DELIVERY OR RESTITUTION OF SPECIFIC PERSONAL PROPERTY
Where the petition is founded, the president of the competent court shall rule at the foot of the application ordering delivery or restitution of the