Chapter One: Introduction

1.1 Background of the Study

In the English-speaking regions of Cameroon, civil practice relies heavily on the Supreme Court Civil Procedure Rules CAP 211, a set of colonial-era rules enacted under the Eastern Nigerian High Court Law CAP 61. Despite evolving legal systems in Nigeria, these rules persist in Cameroon, highlighting a stagnation in legal practice.

The roots of these English-speaking regions’ civil practice can be traced back to the Civil Procedure Act 1833, which gave common law courts in England the power to establish their own rules. This led to the creation of the Regulae Generales in 1834, the first set of English common law court rules. In contrast, the English-speaking regions of Cameroon continue to apply outdated rules from a bygone era.

In 1996, Lord Woolf’s Access to Justice Report outlined principles for the civil justice system, emphasizing fairness, reasonable costs, speed, understandability, and responsiveness. It aimed to control litigation costs and limit unnecessary work, ultimately focusing on key issues. These principles were codified into the Civil Procedure Rules (CPR), replacing archaic legal terms with plain English and introducing the concept of proportionality.

In the context of Anglophone Cameroon, where the legal system follows the common law, the Civil Procedure Rules govern civil actions in their courts.

1.2 Statement of the Problem

The commencement of civil actions in Anglophone Cameroon courts faces various challenges. Violations of procedural provisions are common, often resulting from a lack of respect for the Civil Procedure Rules. Additionally, the influx of Francophone judges into common law courts has led to a disregard for Anglophone legal practices, creating tension and conflicts within the legal system.

Another issue is the manipulation of the legal system by those in power, indirectly influencing the judiciary, contrary to the constitution’s provisions. Such interference can disrupt the proper commencement of civil actions.

The lack of mastery of civil action procedures among some legal practitioners further compounds the issue, causing files to be rejected from courtrooms due to procedural errors.

1.3 Research Questions

Based on the identified problems, the following critical questions are posed:

1. What constitutes a civil action?
2. Who can be parties in a civil action?
3. What considerations must be made before initiating a civil action?
4. What are the various methods of commencing a civil action in Anglophone Cameroon?
5. What recommendations can address the problems related to the commencement of civil actions in Anglophone Cameroon courts?

1.4 Aims and Objectives

The aim of this research is to critically examine the commencement of civil actions in the courts of records in Anglophone Cameroon. The specific objectives are as follows:

1. Identify the courts with jurisdiction to entertain civil actions in Anglophone Cameroon.
2. Determine who can sue and be sued in a civil action.
3. Examine the various modes of commencing civil actions in Anglophone Cameroon.
4. Propose solutions and recommendations to address the irregularities and problems associated with the commencement of civil actions in Anglophone Cameroon.

1.5 Research Methodology

This research utilizes both primary and secondary sources of data collection. Primary sources include statutory provisions, case laws, and legislations. Secondary data collection involves computerized online research, textbooks, lecture notes, interviews, newspaper publications, and journals, all of which contribute to a qualitative research methodology.

Lecture notes from the course “Civil Procedure” (Law 339) by Bar. KEME NICHOLAS OGBE and Bar. Tchana Anthony provide valuable material for this research. The legal text “Practice & Procedure in Civil Matters in the Courts of Records in Anglophone Cameroon” by Yanou, M. A. (2015) serves as a significant source, explaining various modes of commencing civil actions in Anglophone Cameroon courts. The research methodology is qualitative to ensure that the findings represent the actual application of the law.