CHAPTER ONE

                       GENERAL INTRODUCTION

The right of inheritance is an important right the allows for the devolution of property from one person to another this right is often contest in the case of women, especially rural women who are often refused the right by customary oriented practices that discriminates them and the overtly refuse them the right to inheritance. This chapter discusses the concept of inheritance, establishes the research problem, and associated research question, discusses the objective of the research, examines the significance and justification of the study .it also state scope of the research

• BACKGROUND TOTHE STUDY

Inheritance is a critical mode of property transfers in many Sub-Saharan African countries[1]. Most prominently, inheritance has been tackled as part of the larger problem of property rights regimes that are discriminatory against women. International and domestic campaigns to redress women’s unequal property rights in African countries have advocated changes to inheritance systems within a broader reform agenda[2].

The evolution of women right in Cameroon is a traditionally complex and problematic issue which has in a dynamic and fluctuating manner influenced but the guest for political power and social statue. The situation of women has not been in static and has evolved as the country develops socio-economically[3]. In 1950, the women group called Anlu in the North West region mounted pressure on the administration and traditional leader’s cattle grazers over the deprivation of land ownership right, encroachment and crop destruction by grazers. Subsequently a similar conflict led to loss of life of some native in Wum in Menchum Division and in Big Babanki, Ngotse Funja Division[4]. Recently, association Magse seen to be new catalyst of change concerning women’s land rights; integration of women into political field and development of community[5].

The customary notion of regarding a women as property has had hindered women from inheriting property as a right. This is confirmed by the field study carried out whereby report from the respondents testified that about 85% of properties are ben inherited by the men in Cameroon. Inheritance of property is a male’s sphere especially in the rural setting and most women are conscious of the fact. This implies that women will remain without access to land especially in area where customary practices on land inheritance are more rigid for women. In addition, women economic status limits their ability to purchase land. Most custom recognize only women’s possession and not ownership right over land even over land purchase by the women themselves[6]. This situation is more complicated when on considering that in most patrilineal societies in Cameroon inheritance follows the male line[7]. Even when it is matrilineal succession. It is inheritance by a man’s nephew and not his niece. As discuss recent scholars have criticized the customary position of male preference in the inheritance of property as erroneous[8].

A major vulnerability for inheritance rights experienced among the vast majority of women in African countries is their insecure recognition as spouses with rights to marital property, either during or after the period of marriage[9]. This is true under customary as well as statutory systems of governance. Key issues relate to this insecurity: Customary marriages may be informally entered or exited and therefore spouse status is contestable during inheritance disputes; customary marriages are rarely legally registered and therefore women cannot claim spouse status under statutory inheritance laws. Statutory laws do not recognize a wife’s contributions to acquisition of marital property and statutory inheritance laws do not make adequate provision for wives in polygamous unions[10].

Attaining equality between women and men and eliminating all forms of discrimination against women are fundamental human rights and United Nations values[11]. In this light, a good number of international Conventions have been ratified by states that protect women’s rights to inheritance to wit: the Convention for the elimination of all Forms Discrimination Against Women, the International Bill of Rights[12], the African Charter on Human and Peoples Rights to name a few.

In Cameroon, there exists a framework for the protection of women’s rights to inheritance. The starting point for this framework is the Constitution of Cameroon, Civil Status Registration Ordinance, Non-Contentious Probate Rules of 1954 and 46( I) of the Administration of Estates Act 1925 and the French Civil Code of 1804. The Supreme Court’s decision in the landmark case of Zamcho Florence Lum v. Chibikom Peter Fru[13]lends credence to the fact that women’s right to inheritance is protected in Cameroon. In this case, the Supreme Court of Cameroon overturning the decision of the Court of Appeal held that the customary principle that denies a female the right to inherit her father’s property or to be declared next of kin is repugnant to natural justice, equity and good conscience.