- Mikano Emmanuel Kiye, PhD1, Tchana Anthony Nzouedja, PhD2
- 1Associate Professor, Department of English Law, Faculty of Laws and Political Science, University of Buea, Cameroon , 2Lecturer, Department of French Private Law, Faculty of Laws and Political Science, University of Buea, Cameroon
- DOI: 10.5281/zenodo.13235461
- Global Academic and Scientific Journal of Multidisciplinary Studies (GASJMS)
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Abstract: This paper
appraises the administration of customary appeals in the appellate court of
Cameroon with emphasis on the common law jurisdictions of the Northwest and
Southwest regions. It argues, among others, for the professionalization of
customary justice institutions and the creation of a distinct customary court
of appeal in the territory. It maintains that the hierarchy of courts, a
precursor to the administration of appeals from trial to appellate courts, is
indispensable for the expedient administration of justice. The paper
identifies momentous problems in the execution of customary appeals including
the over-reliance on procedural rules at the appellate court, rules which are
neither tenable nor applicable at the trial customary court. To this end,
customary appeals are rarely prosecuted on the merit of substantive customary
rules and are often dismissed for non-compliance with procedural rules, an
outcome which denies customary justice to litigants at the appellate courts.
Addressing some of these concerns, the paper champions for a customary appeal
process reliant on substantive rather than procedural justice if the
aspirations of customary litigants are to be satisfactorily fulfilled. |
Keywords: Customary Court, Customary Law, Customary
Appeals, Customary Justice, and Customary Court of Appeal,
