Execution of Court Judgments

Dedication

Table of contents

Table of cases

List of statutes

Abbreviations xx

About the Authors

Foreword

Preface

Chapter One: General Introduction

Chapter Two: Panoramic View of the Ohada Uniform Act Organising Simplified Recovery Procedures and Measures of Execution

II.0) Introduction

II.1) Simplified Recovery Procedures

II.1.1) Injunction to Pay

II.1.1.1) Conditions for Injunction to Pay

II.1.1.2) Procedure for Injunction to Pay

II.1.1.3) Jurisdiction of the Court

II.1.2) Injunction to Deliver or to Return an Object

II.1.2.1) Conditions for an Injunction to Deliver or to Return

II.1.2.2) Procedure and Jurisdiction of the Court

II.2) Enforcement Measures

II.2.1 Provisional or Conservatory Measures (Saisies conservatoires)

II.2.1.1) Conditions for Granting a Conservatory Measure

II.2.1.2) Procedure for Obtaining a Conservatory Measure

II.2.1.2.1) Seizure of Tangible Assets

II.2.1.2.2) Seizure of Debts owed to the Debtor

II.2.1.3) Seizure of Transferable Securities and other Partnership Rights or Shareholdings

II.2.2) Measures of Execution stricto sensu

II.2.2 .1) Seizure for Sale of Tangible Goods

II.2.2.1.1) Conditions for Sale of Tangible Goods

II.2.2.1.2) Procedure relating to the Seizure for Sale of Tangible Goods

II.2.2.1.3) The Sale of Seized Assets

II.2.2.2) Seizure of Standing Crops

II.2.2.3) Seizure-Awards of Claims or Garnishee Proceedings

II.2.2.4) Seizure-Assignment of Wages and Salaries

II.2.2.5) Execution of Claims of Alimony

II.2.2.6) Seizure-Apprehension and Seizure under a Prior Claim of Tangible Property

II.2.2.7) Seizure of Transferable Securities and Partnership Rights

II.2.2.8) Attachment and Sale of Real Property (saisie immobilière)

II.2.2.8.1) Conditions for the Seizure of Real Property

II.2.2.8.2) Procedure for Seizure and Sale of Immovable Assets.

II.3) Conclusion

Chapter Three: Difficulties of Implementing the OHADA Law on Execution

III.0) Introduction

III.1) Interpretation Difficulties

III.1.1) The Role of the CCJA in ensuring Uniform Interpretation

III.1.2) Rules of Interpretation in Civil Law and Common Law Jurisdictions

III.2) Problems arising from Provisional Execution by virtue of Article 32

III.3) Problems raised by the Requirement of Conciliation in an Injunction to Pay Procedure

III.4) The Requirement of Prior Summons to Pay in a Seizure for Sale of Tangible Property

III.5) Distrainee made Custodian of the Seized Assets

III.6) Execution and Incidence of Procedure: The Case of the Attachment and Sale of Real Property

III.6.1) Incidence arising from Multiple Seizures

III.6.2) Petition for Diversion

III.6.3) Petition for Nullity of Seizure

III.6.4) Incidence Relating to Irresponsible Bidding

III.6.5) Incidence in Relation to the Distribution of Proceeds of Sale

III.7) Immunity from Execution

III.7.1) Recent Trends in the Application of Immunity in Cameroon

III.7.2) The Way Forward

III.8) Seizure of Assets in the Hands of a Third Party

III.9) Professional Misconduct Displayed by some Actors of Execution

III.9.1) Illegal Dealing with Debtors to Frustrate Seizure Operations

III.9.2) Overbilling of Seizure Operations

III.9.3) Fictitious Notifications

III-10) Corruption, Judicial Bottlenecks and Inefficiency

III.11) Delay, Complexity and High Cost of Execution

IV. Conclusion

Chapter Four: Difficulties of Implementation in a Bijural and Bilingual Context: The Case of Cameroon

IV.0) Introduction

IV.1) Genesis of the Problem

IV.2) Challenges of Legal Translation

IV.2.1) Nature of Legal Language

IV.2.1.1) Legal Vocabulary

IV.2.1.2) Stylistic Features of Legal Language

IV.2.1.3) Syntactical Features of Legal Language

IV.2.1.4) Semantic Features of Legal Language

IV.2.2) Terminological Issues

IV.2.3) Other relevant Translation Techniques in Legal Translation

IV.2.3.1) Using Source Language (SL) Terms or Concepts in their Original Form:The Purist Approach

IV.2.3.2) Using Neutral Terms accompanied sometimes by Definition for additional clarification or original term in bracket

IV.2.3.3) Borrowing

IV.2.3.4) Neologism

IV.2.3.5) Defining and Paraphrasing

IV.3) Discussion of some Theoretical Issues in Legal Translation

IV.4) Some Thoughts about Harmonizing Legal Practice in Civil Law and Common Law Jurisdictions of Cameroon

IV.5) Conclusion

Chapter Five: Conclusion and Recommendations

V.1) Ensuring Transparency and Foreseeability of Execution Costs

V.2) Training and Continuing Training of Bailiffs and Enforcement

Agents

V.3) The Need to draft Quality Standards on Enforcement Measures

V.4) Working Towards Improving the Indicators of Efficiency

V.5) Access to Information About Assets

V.6) The Need to further Narrow the Gap between the Civil Law and the Common Law .

BIBLIOGRAPHY .

APPENDICES

Appendix I: Petition for Injunction to Pay in theCourt of First Instance of Limbe .

Appendix II: Injunction to Pay

Appendix III: Opposition to an Injunction to Pay

Appendix IV: Conciliation/Hearing Notice

Appendix V: Conciliation Report

Appendix VI: Notification of an Injunction to Pay

Appendix VII: Report of Seizure for Sale

Appendix VIII: Report of Taking Possession of the property (P.V. de Recollement).

Appendix IX: OHADA Uniform Act Organising Simplified Recovery Procedures and Measures of Execution

INDEX