Suing someone or a company in court in Cameroon is not an uncommon practice. This article provides some guidelines on what to expect when considering this process in Cameroon.
Reasons to Sue Someone, a Person, or a Company in Cameroon
There are several reasons that you may want to sue someone or a company:
- They may owe you money
- They may have breached the terms of an agreement you entered
- They may have injured you on purpose, by accident.
- They may have damaged your property or your reputation.
How to Sue Someone or a Company in Court in Cameroon?
Follow the steps below to successfully sue someone or a company in Cameroon:
STEP 1: Is Going to Court the Only Option?
Whatever the reason, deciding to sue someone is a decision that should not be taken lightly. Hence, before you make that decision, you should be confident that you have no other viable options.
In some instances, there might be better alternatives to going to court, for example, using alternative dispute resolution mechanisms like mediation and arbitration.
In fact, in cases of contractual dispute, most of the contracts have mandatory arbitration clauses which specify that in the event of a dispute, both parties are to resolve the dispute out of court.
Consider mediation if you think it may be possible to understand the other party but would like a professional to guide the conversation.
Nevertheless, if you would like a third party to make a decision for you but are concerned about the money and time you will lose in filing a suit, arbitration may be the best choice for you.
STEP 2: DETERMINE WHETHER YOU HAVE A VALID CLAIM
Before filing a lawsuit, you must determine whether you have a legally valid claim. A claim is only legally valid if a law supports your claim against another party.
You should only bring a case to court when a legal wrong has been committed. You should not want to sue a person merely because you 'don't like something they did.
STEP 3: HIRE OR GET A GOOD LAWYER IN CAMEROON
To take the case to court, the party would have to hire a lawyer who will advise on the relative strengths and weaknesses of the issue and will also file all the necessary documents at the court.
Once the case has been filed in court, the other party would be given several days to respond to the lawsuit filed against them. The other party will hire their own lawyer who will advise them on their position's relative strengths and weaknesses and whether they should try to settle the case out of court or fight the case by filing their own defence.
You can read this article here about what else you should consider before hiring a lawyer – Things to consider when hiring a Lawyer.
Ultimately it is left to the court to decide whose case is more robust, and the court awards judgment on a balance of probabilities, i.e. that it is more likely that the winning party is the one who had a more substantial legal right.
Read Also: What to do if You are Sued in Cameroon?
Conclusion
Do you have a potential case and need the services of a lawyer in Cameroon? Then you should check this list of the best law firms and lawyers in Cameroon.
Disclaimer: This is not legal advice. You must consult a lawyer's expertise to better understand the subject.