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Preface
It has been interesting, albeit challenging, to research on the law of succession in Anglophone Cameroon; given the coexistence of English derived rules of law, a myriad of customary law rules and Muslim law. This alone would have been sufficient to dissuade any person from venturing into an area yet to be explored. But in the present state of our society, where each death of a property-owner is most often than not, a potential law suit, we told ourselves that the beauty of research lies in the potential challenges involved in the process. That it is still virgin forest made the subject even more attractive.
The death of a property owner sets in motion ambitions which were long dormant and jars any persons who feel legitimately entitled to the largesse of the deceased into action. They immediately start making mental choices of which items of the dead man’s property to lay claims to, when the time comes. No sooner does the time come when widows, orphans, aged parents and sometimes female relatives of the deceased find themselves without shelter or food.
Bitterness sets in with resultant threats of witchcraft and open confrontations. The courts are then daily inundated with succession cases. And due, apparently, to the dearth of local literature on the subject, most decisions rendered by them go instead to fuel the embers of the initial bitterness. Even when the rules are effectively applied they do very little to water-down the bitterness, because the a basis for succession is such that meritorious persons are excluded, in favour of those deemed to have been closer in relationship, with the deceased.
Judgments emanating from the High Courts are almost exclusively based on English law, notwithstanding the presence of elements of customary law that would dictate prudence in the decisions. Even when customary law is purported to have been applied, one is at a loss as to the system of customary law. In fact, most decisions rendered by Anglophone courts on points of customary law stand the risk of being invalidated, if ever they get to the Supreme Court that is so particular about court judgments clearly specifying the customs on which decisions are based. Research of this nature which focuses on some of the problems encountered by the courts has, therefore, always been an absolute
necessity.
We do not claim to have written a book that answers all possible questions confronted by the courts. Our only ambition has been and remains, to make a modest contribution towards assuaging the scarcity of local literature in the very complex area of succession to property in an African setting; and, hopefully, shed light on some apparently cloudy areas of the law.
In this respect the book encompasses the English, Customary and Muslim rules of succession as apply in Anglophone Cameroon. It is inspired by a Ph.D thesis entitled, «The Structure of Succession Law in Cameroon: Finding a
balance between the needs and interests of different family members,» defended by the author at the University of Birmingham in the United Kingdom in 2008.
Given this background, the book is not merely an exposition of the relevant rules of law, but rather a collection, analysis and critique thereof whenever necessary. We have endeavoured to document and present the material in the
most simple and straightforward manner, to render it palatable to a broad spectrum of the population. This includes students, researchers, legal practitioners, judges, legislators, social workers and any other persons interested in the law of succession. Knowledge of succession law is vital to all of us, because everyone is subject to it, and is a potential victim of succession.
The book opens with a general introduction under which we attempt an explanation of the title, suggest a basis for claims to succession, and examine the various sources of the law. The main business is then divided into four parts and treated under different chapters.
The first two parts are consecrated to examining the laws of intestacy under English, and customary law. These are normally preceded by an elaboration of the applicable laws and jurisdiction, given that a wrong decision on these no less important points could be as fatal to a beneficiary, as any unjust rule of the substantive law. The evolution of the customary law of succession as evident in the Chibikom and other cases is highlighted.
Part three is motivated by the realisation that the present intestacy rules cannot be relied upon, to guarantee harmony between family members after the death of the breadwinner. It is thus entitled «Moving forward- Private Ordering through the Making of Wills,» not necessarily to examine the law of wills as would be found in any textbook on the law of succession. Rather, it highlights the capability of wills at stemming the bickering liable to result from the application of seemingly unjust intestacy rules. In this respect, the notion of testamentary freedom is amply elucidated, for being the only vehicle through which provision could be made to alter or water-down any negative effects of
certain rules of intestate succession.
Part four examines the conflict. of law rules, with a view to ascertaining the appropriate law to be applied in the midst of plenty. It focuses on conflict between customary laws inter se, conflict between customary law and English law, conflict between English and French, and conflict between Muslim law and the other systems of law.
The book ends with a general conclusion which includes a suggestion for the categories of beneficiaries to be extended to the immediate family, so as to make the death of a property owner less a potential law suit; and to prevent the likelihood of deceased persons turning in their graves to glare accusingly at us, when their beloved ones tear themselves apart over any wealth they might have acquired during their passage on earth, where all is vanity.
Writing this book and putting it at the disposal of the public in its present form could not have been possible without a concatenation of events involving several personalities, whose individual contributions I wish to acknowledge.
I feel particularly honoured by comparative law expert, Emeritus Professor, Gordon R. Woodman, for accepting to write the foreword to this book. He virtually invented and perfected me as a researcher. Thanks, professor
Special appreciation is also due to my examiners Professors Anne Griffith of the University of Edinburgh, and Sonia HarrisShort, Anthony Arull of the Birmingham law School. Professor Nelson Enonchong in his wealth of
knowledge was my main source of inspiration; as I derived much benefit, unknown to him, from some minor arguments we often had in his office on the subject of succession in Cameroon. That apart, he and his lovely wife Laura
made my stay in the United Kingdom less stressful, and I will never thank them enough for that. I acknowledge the useful remarks made by my teacher and mentor, Professor Ephraim Newafor, as the external examiner of my conversion
thesis, which contributed in giving the book its present form. I appreciate the altruism of Shirley, my wife, which was necessary for the realisation of this book. Thanks my darling. I record indebtedness to Esther,
Elvis, Nyah and Emelda for guaranteeing an enabling environment for research and writing at home.
I am sincerely grateful to Mrs. Bessem Mungu and my colleague, Mister Michel Mbetiji, for painstakingly proofreading the manuscripts of this book.
I acknowledge the sacrifices made by those students of the Faculty of Law and Political Science, University of Dschang, some of whom were part of this research, and who were deprived of my services during the period of my absence. I only hope that this book meets their expectations and adequately atones for the sacrifice.
I am equally thinking of the invaluable role played by my colleague and brother Dr. Andrew Sone Ewang towards the realisation of this research.
I am grateful to the Registrars and Clerks of Courts in Bamenda, Buea, Kumba. Ndop, and particularly the staff of the Ndop Alkali Court, where I conducted part of my field work.
Of course, I assume full responsibility for any misrepresentations and misstatements of law and fact, as well as opinions expressed in this book. As for opinions, I say I’m sorry, if they hurt.
Joseph Nzalie Ebi, Yaounde, May 2011.
