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Preface
One needs to visit our court registries to discover how rampant the practice of land speculation is in Cameroon. The same piece of land is sold to several persons. The smartness of the speculators qua land vendors is
filed by the unwariness of the purchasers who feel that buying land is similar to buying a car or a shirt. Even a car or shirt, we inspect it to ensure that it is in good condition before committing ourselves.
Prudence is thrown to the winds when it comes to buying land. This writer was once questioned by an eminent professor of law in this country, why he should not go ahead with the contract if he has the money. And that is the predominant attitude. It suffices for a piece of land to be identified, one rapidly assembles a few friends or relatives as witnesses and the deal is done. Shortly after, we discover that what we bought was not land but a
law suit.
Of course, land is a very valuable commodity which everyone would want to own. It provides shelter and food, and above all, is a source of wealth and political power. But we have to be careful in our quest for that unique commodity; unique because of its static nature which makes it susceptible to the existence of concurrent and consecutive rights
A single piece of land could thus be subject to different rights belonging to different persons. So, apart from the fact that one might be duped as is commonly the case in Cameroon, it is important to know whether he will have undisturbed possession and use of the land acquired.
This book addresses most, if not all of these concerns. It opens with an introductory overview which focuses on the legal conception of land in modern and customary laws, the cardinal principles of land holding in customary law which were inimical to the sale of land; and the erosion of these principles with the advent of colonialism.
The rest of the book is then given to a detailed treatment of the requirements of a valid contract of sale of land in Cameroon, the rights andobligation of vendors and purchasers at the contract and conveyance levels, the causes of action and remedies available to the parties in case of failed transactions. Much use is made of local material, notably legislation and case law. The dearth of local material is compensated with Nigerian,
English and French cases and statutes in areas which are still to receive the attention of our Legislators and Courts.
What I have tried to do in this book is to propose different lines of argument to the legal practitioner; and to the law student, something new to debate on. It will therefore be noticed that I have inter alia, not simply endorsed notarial acts in terms of formal requirements for contracts of sale of land in Cameroon. Investigation of the title of the vendor by the purchaser is equally highlighted with an in-depth examination of the rule in Patman v. Harland. As far as remedies are concerned, I have introduced the rule in Bain v. Fothergill to accompany Hadley v. Barendale, in the assessment of damages for breach of contract.
For while Hadley v. Baxendale has stood the test of time in contracts of sale of goods, its application in contracts of sale of land has been problematic. Basically because of the static nature of land which makes it difficult to determine whether the vendor is to blame for failing to transfer the land in question; or even when he does transfer the land, it will still be hard to hold him responsible for encumbrances to which the land is subject.
Modern books on land law will tell us that the rules in Patman v. Harland and Bain v. Fothergill have been repealed by statute in England. These statutes are not applicable in Cameroon. Even if they did, it would be difficult to reason similarly in our context. The rules are repealed because the English land registration system is far advanced, such that on the basis of the minor principle, the land register reflects accurately the situation of every piece of land in that country, whereas our land registration system is sill limping: These two common law rules serve as checks and balances in contracts of sale of land. While the former keeps purchasers on guard. the latter protects vendors from undue liability.
The inclusion of the remedy of specific performance with compensation is another novelty. It deviates from the impression according to which, an aggrieved party in a contract of sale of land is entitled only to damages at
common law or specific performance in equity. This new remedy is based on the understanding that there are situations whereby the purchaser will notwithstanding the breach, prefer to uphold the contract and claim
compensation for any defects in the land.
A distinction is made between the contract and conveyance, with the various covenants yet to attract the attention of our courts brought to the limelight,
In writing this book, I have incurred a number of debts. While extending very profound gratitude to the authors of works cited in the book, I want to assure the large number of people who were kind enough to make comments on the materials, that their comments were put to good use.
Special appreciation goes to Justice Charles Namme Menyoli, Vice President of the North West Court of Appeal, for taking time off his very tight schedule to write the foreword to this book.
I thank my colleagues in Dschang, Buea, Bamenda, and staff of courts, for their various roles in bringing this humble endeavour to fruition. I equally acknowledge my students of Land Law in the University of Dschang, with whom I started this journey some twenty years ago. I am grateful to Mister Ngwana Joshua and my colleague Dr. Nkweche Vitalis for, respectively, editing and proofreading the initial manuscripts. Most importantly, record a debt of gratitude to my dear family for ensuring an enabling environment for research and writing at home.
Joseph Nzalie Ebi, Bamenda. 2020.
