HOW TO GET AN INJUNCTION ORDER IN CAMEROON
The Cameroon jurisprudence on injunctive remedies is well settled. We shall now discuss how to get an injunction order in Cameroon.
The Law provided very clear guidelines based upon which an injunction order in Cameroon would be granted. Subsequent decisions of the Supreme Court have only served to clarify and expatiate on those guidelines:
The circumstances under which an injunction order may be granted in Cameroon are as follows:
An application for an injunction order in Cameroon to the Divisional Officer or a court via an ex-parte application for an injunction order will be granted:
- When there is real urgency
- When the Administrative officer or court considers that on a prima facie view, otherwise irreparable damage may be done to the plaintiff before an application on notice for interlocutory injunction can be heard.
- Where there is a real impossibility of bringing the application on notice and serving the other party
- For an application for a temporal injunction order in Cameroon or an interlocutory injunction to be granted, the applicant must satisfy the Divisional officer or court that the:
- There is a real possibility, though not a probability of success in this case. In other words, there is a serious question to be tried in the matter before the court.
- Damages cannot be adequate compensation for the injury he would suffer by the time the suit is determined if the application for temporal injunction order in Cameroon or interlocutory injunction were to be denied.
- Where the respondent also alleges that he will suffer an injury that cannot be adequately compensated by an award of damages, if the injunction order in Cameroon were to be granted, then the applicant must go further to show that the balance of convenience is on his side.
- The applicant must give the undertaking to pay damages as may be assessed by the administrator/court if, at the end of the day, it turns out that the injunction Order ought not to have been granted.
- The courts and government administrators have largely been guided by these principles.
In recent times though, administrators and courts have been warned repeatedly, not to be too eager to grant ex-parte injunctions, as the procedure appears to have been abused. It should be stated however that whilst courts ought to be more discriminatory in granting ex-parte injunction, it is submitted with respect that such adjuration should not hinder the courts in granting the orders where the interest of justice demands it.
It is submitted with respect, that in so far as all the conditions set down by the Supreme Court for granting an injunction ex-parte are met, an applicant who has made out a valid claim for an ex-parte injunction should not be denied.
Article by MAFANY victor NGANDO
“The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances”