ABSTRACT

In almost every society moving towards civilisation, problems of succession are bound to occur. While male supremacy might be the rule in some tribes in Cameroon, the over two hundred ethnic groups that make up the country could be classified under different systems of succession.

This research paper looks at patrilineal succession in Cameroon taking a case study of Bali Nyonga Fondom in the Northwest Region of the country.

The problem identified in this research is the effectiveness of patrilineal succession in Cameroon vis a vis the present dispensation on the application of the southern Cameroon high court law of 1955.

This paper seeks to critically examine the concept of patrilineal Succession in Cameroon. The method used in this research is qualitative research method which involves the use of primary and secondary data. section 27 of the southern Cameroon high court law is a challenge to the enforcement of patrilineal succession right in Bali Fondom 

CHAPTER ONE

GENERAL INTRODUCTION

1.1 Background to the study

The law of succession can be termed an instrument of wealth planning in Cameroon, an instrument of capitalism for the distribution of wealth; who takes what on the death of the deceased, sooner or later in one’s lifetime, one is bound to come across the problem of succession, problem for example in land law or family law.

In almost every society moving towards civilisation, problems of succession are bound to occur.

While male supremacy might be the rule, the over two hundred ethnic groups that make up the country could be classified under different systems of succession. The systems are either patrilineal, matrilineal, bilineal or Muslim.

Patrilineal succession is mostly prevalent in some regions of Cameroon.The following are examples of tribes practicing patrilineal succession in Cameroon: Bamileke, Banyang, Bakweri, Bafut, Banso, Bali, Bakossi, Moghamo, Mankon, Bassossi, Ewondo, Eton, Bassa and Mendankwe.

Succession in Cameroon in its real sense is a succinct term englobing three different aspects; the question of wills; the question of probate and succession properly speaking. The impression one gets from existing research is that the Cameroonian customary law of succession could be subsumed under a single system where the man reigns supreme

From the beginning of time, transition from one generation to another has been one of the characteristic of human existence. Such transition includes assets and in some cases, liabilities which are handed down to succeeding generations.

It is imperative to note from the onset that African communities had their own laid down rules and established culture and customs governing their affairs, succession inclusive.

In other words, despite the absence of legislations for the regulation of successions in those early communities, for any such act of succession to be valid, there must have been some sort of assent by the natives.

Such successions are what today are known as Customary Succession and it is the focus of this research that is Succession under Customary Law specifically patrilineal succession in BALI NYONGA in the Northwest region of Cameroon

The law governing succession in Cameroon is generally headed under two broad headings, namely: Testate and Intestate Successions.

While Testate Succession is primarily governed by Wills and the applicable Wills Law, Intestate Succession on the other hand is that condition where a man dies without leaving behind a valid Will.

Intestate Succession can be divided into Intestate Succession (Non-Customary) and Intestate Succession under Customary Law. For the purpose of this research however, we shall dwell more on the Intestate Succession under Customary Law taking a case study of the practice of patrilineal succession in Bali Nyonga.

It is almost axiomatic in Cameroon that a succession decision would engender one social problem or the other. It is either open confrontation or the scare of witchcraft which inhibits the peaceful enjoyment of the property by the victorious parties.

Most excluded persons resort to crime as a means of livelihood, and the propagation of HIV/AIDS is partially blamed on the rules of succession which drive women into prostitution.

The problem is that the intestacy rules are far removed from the reality and hence exclude meritorious family members.

They neglect the fact that the obligation of preservation of the deceased against other members of the immediate and extended family needs to be continued by the estate, and instead enshrine the principle of precedence that benefits the nuclear family, to which customary law also gives a minimal significance.

Wills reflects an inefficient alternative. These are made by few men, and when made, there is no guarantee of their effectiveness in achieving what the laws of intestacy fail to do.

Customary Law embodies customs as practiced by the people which they regard as binding on them. It is any system of law different from Common Law and a Law enacted by legislation, but which is enforceable and binding within Cameroon as between the parties subject to its way.

Patrilineal succession therefore, is succession that is not in accordance with the common law or statute, but in accordance with the traditions, customs and practices of the local people which are enforceable and binding between the parties which are subject to it.

Patrilineal succession therefore, being succession that is according to customs, beliefs and traditions of the people, is mainly intestate (without a Will).    

1.2 Statement of the problem

Unlike the situation under Wills where a man can bequeath all his assets to total strangers or to his male and female children, children are the exclusive beneficiaries to the estate of a deceased person under the Customary Law.

While some cultures do not discriminate between the sexes of the children, some other cultures do.

For instance, while the Kom in the Northwest region of Cameroon do not distinguish between patrilineal and matrilineal succession in the distribution of their father’s property following the land mark case of Zamcho Florence, some other tribes like Bali Nyonga does.

The problem identified in this research is the effectiveness of patrilineal succession in Cameroon vis a vis the present dispensation on the application of the southern Cameroon high court law of 1955.

1.3 Hypothesis

H0 There is no significant practice of patrilineal succession in Cameroon

H1 There is a significant practice of patrilineal succession in Cameroon

1.4   Research Questions

The target of this work is to answer the following questions:

• What is patrilineal succession
• What are the sources of the law of succession in Cameroon
• How effective is patrilineal succession in Cameroon
• What policy recommendations can be made to the problems raised in the work?

1.5 Objectives of the study

General objective

The goal of this research is to investigate the practice of patrilineal succession in Cameroon especially in Bali Nyonga

Specific objectives

Specifically, this research seeks to:

1. Present a discussion on the legal framework of succession law in Cameroon
2. Present the sources of succession law in Cameroon
3. Present a case study of patrilineal succession in Bali Nyonga
4. To make policy recommendations to address the problems raised