Key Facts
- •Craft Development SCI (Craft), a Cameroonian company, sued Actis LLP and others (Applicants) in the English High Court for breach of contract, conspiracy, and fraud.
- •Mr. Ngoua Elembe Hiob, purportedly Craft's provisional administrator appointed by Cameroonian courts, initiated the proceedings.
- •Applicants applied to strike out the claim, arguing Hiob lacked authority to act for Craft.
- •The central issue was whether Cameroonian court judgments appointing Hiob as provisional administrator, without the 'executory formula' (formule exécutoire) and service of a 'grosse' (reasoned judgment), conferred him with the necessary authority.
- •Cameroonian courts had twice extended Hiob's mandate, suggesting recognition of his authority.
Legal Principles
Foreign law is determined as a question of fact based on evidence and expert testimony, considering how foreign courts interpret their own laws.
Yukos Capital S.a.r.L v OJSC Oil Company Rosneft [2014] EWHC 2188 (Comm)
Section 11 of Law No. 2006/0015 on Judicial Organisation dictates that judgments capable of forced execution ('exécution forcée') require the executory formula and service of a grosse.
Law No. 2006/0015
The principle of 'double degree of jurisdiction' in Cameroon grants a right of appeal with a full rehearing before adverse legal consequences.
Cameroonian legal system
OHADA Uniform Acts, binding on member states, including Cameroon, are relevant in interpreting Cameroonian company law.
OHADA Treaty
Outcomes
Applicants' application to strike out the claim was dismissed.
The Cameroonian court judgments appointing Hiob as provisional administrator, even without the executory formula and service of a grosse, conferred him with authority. The Cameroonian courts' subsequent actions (mandate extensions, Supreme Court's refusal of stay) strongly support this conclusion.