ISTAMA Polytechnic Institute Pre-HND 2023

SECTION A: INTRODUCTION TO LAW AND FUNDAMENTAL RIGHTS (20MARKS)

State and explain the fundamental principles underlying the administration of justice in Cameroon
SECTION B: CIVICS, ETHICS, MORAL AND CITIZENSHIP EDUCATION (20MARKS)
1. List any four national Monuments and four Historical figures of Cameroon (4marks) 2.
Describe and show the importance of the following National Emblems of Cameroon a.
The national anthem
b. The motto
c. The coat of arms (8marks)
3. Clearly explain any two (2) cause of corruption and three measures taken by the Cameroon
government to curb corruption in Cameroon (8marks)
SECTION C: LABOUR LAW (20MARKS)
1. An employment contract is one of mutual rights and obligations between the employer and the
employee according to the labour code in Cameroon. Discuss these legal duties in relation to the
execution of employment contract
SECTION D: BUSINESS LAW (20MARKS)
1. State and explain the legal duties between a bank and it customers and under what
circumstances can the bank breach it duty of secrecy and confidentiality owe to its customers
SECTION E: COMPANY LAW (20MARKS)
1. After discussing the specific requirements for the formation of a commercial company and
explain

the advantages of incorporation or registration of a commercial company under OHADA

Uniform Act.
Answers
SECTION A: INTRODUCTION TO LAW AND FUNDAMENTAL RIGHTS (20MARKS)
The administration of justice in Cameroon is based on the following fundamental principles:
1. Separation of Powers: The Constitution of Cameroon provides for the separation of powers,
which means that the judiciary is a separate branch of government from the executive and
legislative branches. This principle ensures that the judiciary is independent and not subject to
undue influence from the other branches of government.

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2. Equality before the Law: The principle of equality before the law ensures that all persons,
regardless of their social status, are treated equally before the law. This principle is enshrined in the
Constitution of Cameroon and is essential in ensuring that justice is administered fairly and
impartially.
3. Rule of Law: The rule of law is the principle that all persons, including the government, are
subject to the law. This principle ensures that the law is applied equally to all without discrimination
or favoritism.
4. Due Process: Due process is the principle that requires fair and just procedures in the
administration of justice. This principle ensures that individuals are given notice of the charges
against them, the opportunity to be heard, and the right to a fair trial.
5. Independence of the Judiciary: The independence of the judiciary is a fundamental
principle in the administration of justice in Cameroon. It ensures that judges are free to make
decisions based on the law and the facts presented, without fear of retribution or interference from
the government or other outside forces.
6. Access to Justice: The principle of access to justice ensures that all individuals have equal
access to the courts and legal services, regardless of their financial or social status. This principle is
essential in ensuring that justice is accessible to all and not just the wealthy or powerful.
Overall, these principles provide the foundation for the administration of justice in Cameroon and
are

essential in ensuring that justice is administered fairly and impartially. Here

are four national monuments and four historical figures of Cameroon:

SECTION B: CIVICS, ETHICS, MORAL AND CITIZENSHIP EDUCATION (20MARKS) National

Monuments:
1. Reunification Monument in Yaoundé
2. National Museum in Yaoundé
3. Limbe Wildlife Centre in Limbe 4. Mount Cameroon in Southwest Region Historical Figures:
1. Ahmadou Ahidjo - First President of Cameroon, served from 1960 to 1982
2. Ruben Um Nyobé - Cameroonian nationalist and leader of the Union of the Peoples of
Cameroon (UPC)
3. Charles Atangana - Cameroonian chief and colonial administrator under German, French, and
British rule

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4. Samuel Eto'o - Cameroonian professional footballer and all-time leading scorer of the Cameroon
national team.
a) The National Anthem of Cameroon is "O Cameroun, Berceau de nos Ancêtres" (Oh
Cameroon, Cradle of Our Forefathers). It was adopted in 1957, shortly before Cameroon gained
independence from France. The anthem reflects the pride and unity of the Cameroonian people and
celebrates the country's natural beauty, history, and culture. It is an important symbol of national
identity and is played at official events and ceremonies.
b) The Motto of Cameroon is "Paix-Travail-Patrie" (Peace-Work-Fatherland). It was adopted at
independence in 1960 and reflects the values that the country seeks to uphold. "Paix" (Peace)
emphasizes the importance of harmony and unity among the diverse peoples of Cameroon.
"Travail" (Work) emphasizes the importance of hard work, productivity, and self-reliance. "Patrie"
(Fatherland) emphasizes the importance of love and loyalty towards the country and its people.
c) The Seal of Cameroon features a shield with a lion standing on its hind legs. The lion
represents courage, strength, and the power of the Cameroonian people. The shield is supported by
two flags, one with the colors of Cameroon and the other with the colors of France, representing the
country's history and relationship with its former colonial power. Above the shield is a star
representing unity, and below it is a banner with the country's motto, "Paix-Travail-Patrie". The seal
is used on official documents and is an important symbol of the country's sovereignty and identity.

d) The Coat of Arms of Cameroon features a shield divided into three parts. The top section
features a rising sun representing a new beginning and the country's potential for growth and
development. The middle section features two crossed fasces, a symbol of authority and unity. The
bottom section features a blue wavy line representing the Atlantic Ocean and the country's coastal
region. Above the shield is an eagle representing freedom and power, and below it is a banner with
the country's motto, "Paix-Travail-Patrie". The coat of arms is used on official documents and is an
important symbol of the country's sovereignty and identity. Two causes of corruption in Cameroon
are:
1. Weak Governance: Weak governance structures and systems can create opportunities for
corruption to thrive. When there is a lack of transparency, accountability, and oversight, public
officials may be more likely to engage in corrupt practices, such as embezzlement, bribery, and
nepotism.
2. Poverty and Inequality: Poverty and inequality can also contribute to corruption. When
people are struggling to make ends meet and have limited access to resources and opportunities,
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they may be more likely to engage in corrupt practices to survive or advance their interests.
Similarly, when there are significant disparities in wealth and power, some individuals may use their
position to exploit others for personal gain.
Three measures taken by the Cameroon government to curb corruption in Cameroon are:

1. Legal and Institutional Reforms: The Cameroon government has implemented legal and
institutional reforms aimed at improving transparency, accountability, and oversight. For example,
the government has established anti-corruption agencies such as the National Anti-Corruption
Commission (CONAC) and the Special Criminal Court to investigate and prosecute cases of
corruption.
2. Public Education and Awareness: The Cameroon government has also implemented public
education and awareness campaigns aimed at raising awareness about the negative impacts of
corruption and promoting ethical behavior. For example, the government has launched a national
anticorruption campaign called "Operation Sparrow Hawk" to sensitize the public about the dangers
of corruption and encourage citizens to report corrupt practices.
3. International Cooperation: The Cameroon government has also worked with international
partners to combat corruption. For example, Cameroon is a signatory to the United Nations

Convention against Corruption (UNCAC), which provides a framework for international

cooperation in the fight against corruption. The Cameroon government has also worked with
international organizations, such as the World Bank and the African Development Bank, to
implement anticorruption programs aimed at improving governance and reducing corruption.

SECTION C: LABOUR LAW (20MARKS)

The Labour Code in Cameroon specifies the legal duties of both the employer and employee in
relation to the execution of an employment contract. These legal duties are as follows:
1. Obligations of the Employer:
a. Payment of Wages: Employers are obligated to pay employees their wages in a timely and
regular manner as stipulated in their employment contracts.
b. Provision of Safe Working Conditions: Employers are obligated to provide a safe working
environment for their employees. This includes taking measures to prevent accidents, providing
safety equipment, and ensuring that the workplace is free from hazards.
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c. Compliance with Labour Laws: Employers are obligated to comply with all labour laws
and regulations in Cameroon, including those related to working hours, leave, and social security.
d. Respect for Employee Rights: Employers are obligated to respect the rights of their
employees, including their right to freedom of association, collective bargaining, and non-
discrimination.
2. Obligations of the Employee:
a. Performance of Work: Employees are obligated to perform their work to the best of their
abilities and in accordance with the terms and conditions of their employment contract.
b. Adherence to Rules and Regulations: Employees are obligated to adhere to the rules and
regulations set by their employer, including those related to safety, attendance, and discipline.
c. Confidentiality: Employees are obligated to maintain the confidentiality of any confidential
information they may come across in the course of their work.
d. Loyalty: Employees are obligated to act in the best interests of their employer and not
engage in any activities that could harm the employer's business or reputation.

In conclusion, the execution of an employment contract in Cameroon is governed by mutual rights

and obligations between the employer and the employee. Employers are obligated to provide a safe

working environment, comply with labour laws, pay wages, and respect employee rights.
Employees, on the other hand, are obligated to perform their work to the best of their abilities,
adhere to rules and regulations, maintain confidentiality, and act in the best interests of their
employer.
SECTION D: BUSINESS LAW (20MARKS)
The legal duties between a bank and its customers can be described as follows:
1. Duty to Safeguard Customer Funds: Banks have a legal duty to safeguard the funds of
their customers. This means that they must take reasonable steps to ensure that customer deposits
are secure and protected from theft or fraud.
2. Duty of Confidentiality: Banks have a legal duty to maintain the confidentiality and privacy
of their customers' financial information. This means that they must not disclose any information
about their customers' accounts or transactions without the customer's consent or unless required by
law.
3. Duty to Provide Accurate Information: Banks have a legal duty to provide accurate and
complete information to their customers about their accounts and transactions. This includes
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providing timely and accurate statements, disclosures of fees and charges, and other information
relevant to the customer's account.
4. Duty to Provide Services: Banks have a legal duty to provide services to their customers in
an efficient and timely manner. This includes processing transactions, providing access to account
information, and addressing customer inquiries and complaints.

In certain circumstances, a bank may breach its duty of secrecy and confidentiality owed to its
customers. For example, a bank may be required by law to disclose customer information in
response to a court order or subpoena. Banks may also disclose customer information if it is
necessary to prevent fraud or other illegal activities. However, in such cases, banks must follow
strict procedures and legal requirements to ensure that the disclosure is lawful and justified. Banks
may also disclose customer information if the customer has given their consent for such disclosure.

In conclusion, the legal duties between a bank and its customers include safeguarding customer
funds, maintaining confidentiality, providing accurate information, and providing services in an
efficient manner. Banks may breach their duty of secrecy and confidentiality under certain
circumstances, but they must follow strict procedures and legal requirements to ensure that such
disclosures are lawful and justified.

SECTION E: COMPANY LAW

OHADA (Organization for the Harmonization of Business Law in Africa) is a regional organization
in Africa that aims to harmonize business laws and facilitate economic integration within its
member states. The OHADA Uniform Act provides a legal framework for the formation and
operation of commercial companies in member states, including Benin, Burkina Faso, Cameroon,
Central African Republic, Chad, Comoros, Congo, Côte d'Ivoire, Equatorial Guinea, Gabon,
Guinea, Guinea-Bissau, Mali, Niger, Senegal, and Togo.

Incorporating a commercial company under the OHADA Uniform Act provides several advantages,
including:

1. Simplified and standardized legal framework: The OHADA Uniform Act creates a
simplified and standardized legal framework for the formation and operation of commercial
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companies in member states. This can reduce the time and cost involved in setting up a business and
make it easier to comply with legal requirements.
2. Limited liability: Incorporating a commercial company under the OHADA Uniform Act
provides limited liability protection for the company's shareholders. This means that the personal
assets of shareholders are protected from the company's debts and obligations, which can provide
greater security and encourage investment.
3. Access to funding: Incorporating a commercial company under the OHADA Uniform Act
can make it easier to access funding from banks and other financial institutions. This is because the
legal framework provides greater transparency and certainty for lenders, reducing their risk.
4. Better governance: The OHADA Uniform Act requires companies to have a board of
directors and to adopt certain corporate governance practices. This can help to ensure that
companies are managed in a responsible and effective manner, which can improve their long-term
prospects.
5. International recognition: The OHADA Uniform Act is recognized internationally, which
can make it easier for companies to do business with partners and customers in other countries. This
can provide greater opportunities for growth and expansion.

Overall, incorporating a commercial company under the OHADA Uniform Act can provide several
advantages that can help to make the business more competitive, secure, and successful.

The administration of justice in Cameroon is guided by several fundamental principles that are
enshrined in the Constitution and other legal instruments. Here are five of the most important
principles:

National Polytechnic University Institute Pre-HND 2021 Session

SECTION A: INTRODUCTION TO LAW AND FUNDAMENTAL RIGHTS (20MARKS)
1. Critically examine five fundamental principles guiding the administration of justice in Cameroon
SECTION B: CIVIL ETHICS MORAL AND CITIZENSHIP EDUCATION (20MARKS)
1. Clearly state and explain five features of good governance in Cameroon
SECTION C: LABOUR LAW (20MARKS)
1. Compose a paper on the responsibilities of parties in a contract of employment

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SECTION D: BUSINESS LAW (20MARKS)
“Every contract is the fruit of an agreement, but not every agreement materializes into a contract”,
what can then constitute a contract in the eyes of the law?
SECTION E: COMPANY LAW (20MARKS)
Public Limited Company and private limited companies are all registered forms off companies
recognised by the OHADA Uniform Act. Bring out the difference that exist between them?
ANSWERS
SECTION A: INTRODUCTION TO LAW AND FOUNDAMENTAL RIGHTS
(SEE PAGE ONE & TWO) SECTION B: CIVICS, ETHICS, MORAL AND CITIZENSHIP
EDUCTION
Good governance is essential for the effective and efficient management of public resources and the
promotion of sustainable development in Cameroon. Here are five features of good governance:
1. Transparency: Transparency is a key feature of good governance and requires that
government officials and institutions are open and accountable to the public. This means that
information about government activities, decisions, and spending is easily accessible and
understandable to the public.
2. Accountability: Accountability is another critical feature of good governance and requires
that government officials and institutions are held responsible for their actions and decisions. This
means that there are mechanisms in place to hold officials accountable if they act improperly or
misuse public resources.
3. Participation: Participation is an essential feature of good governance and requires that
citizens are actively involved in decision-making processes and have a voice in how public
resources are managed. This means that there are mechanisms in place for citizens to provide input
and feedback on government policies and programs.
4. Rule of Law: The rule of law is a fundamental feature of good governance and requires that
laws are applied equally and fairly to all individuals and institutions. This means that there are clear
and consistent legal frameworks in place that govern government activities and protect the rights of
citizens.
5. Responsiveness: Responsiveness is a key feature of good governance and requires that
government officials and institutions are responsive to the needs and concerns of citizens. This
means that there are mechanisms in place to ensure that government policies and programs are
designed to meet the needs of citizens and those officials are responsive to feedback and criticism.

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While these features of good governance are essential, there have been concerns about their
implementation in Cameroon. For example, there have been allegations of corruption and lack of
transparency in government activities, which has raised questions about accountability and
participation. Addressing these challenges will be essential for promoting good governance and
ensuring the effective and efficient management of public resources in Cameroon.
SECTION C: LABOUR LAW
A contract of employment is a legal agreement between an employer and an employee that sets out
the terms and conditions of the employment relationship. Both parties have responsibilities under
the contract that are essential for the smooth functioning of the employment relationship. Here are
some of the responsibilities of parties in a contract of employment:
Employer Responsibilities:
1. Providing a safe and healthy work environment: Employers have a legal obligation to
provide a safe and healthy work environment for their employees. This includes providing
appropriate equipment, training, and safety protocols to ensure that employees can perform their
work safely.
2. Paying wages and benefits: Employers are responsible for paying employees the wages and
benefits that are outlined in the contract of employment. This includes paying salaries on time,
providing benefits such as health insurance and retirement plans, and adhering to minimum wage
laws.
3. Providing clear job expectations: Employers are responsible for providing clear job
expectations to their employees, including job duties, performance expectations, and any

performance metrics that will be used to evaluate employee performance.

4. Providing opportunities for training and development: Employers are responsible for
providing

opportunities for training and development to their employees. This includes providing access to
training programs and career development opportunities to help employees improve their skills and
advance their careers.
5. Treating employees fairly and with respect: Employers are responsible for treating their
employees fairly and with respect. This includes providing equal opportunities for all employees,
avoiding discrimination and harassment, and providing a work environment that is free from
intimidation and bullying. Employee Responsibilities:

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1. Performing job duties: Employees are responsible for performing their job duties to the best
of their ability, meeting performance expectations, and adhering to company policies and
procedures.
2. Reporting to work on time: Employees are responsible for reporting to work on time and
adhering to the company's attendance policies.
3. Following safety protocols: Employees are responsible for following safety protocols and
using appropriate equipment to perform their work safely.
4. Protecting company assets: Employees are responsible for protecting company assets,
including equipment, information, and intellectual property.
5. Maintaining a professional demeanor: Employees are responsible for maintaining a
professional demeanor and treating colleagues, customers, and clients with respect.

In conclusion, both employers and employees have responsibilities under a contract of employment.
By fulfilling their responsibilities, both parties can contribute to a positive and productive
employment relationship that benefits everyone involved.
SECTION D: BUSINESS LAW
In the eyes of the law, a contract is a legally binding agreement between two or more parties that
creates rights and obligations that can be enforced by law. For a contract to be valid and enforceable,
it must contain certain elements. Here are the essential elements of a contract:
1. Offer: An offer is a proposal made by one party to another, indicating that they are willing to
enter into a contract on certain terms. The offer must be clear, definite, and communicated to the
other party. 2. Acceptance: Acceptance is the assent by the other party to the terms of the offer. The
acceptance must also be communicated to the offeror.
3. Consideration: Consideration is the exchange of something of value between the parties. This
can be in the form of money, goods, services, or a promise to do something.

4. Intention to create legal relations: Both parties must have the intention to create a legally
binding agreement. This means that the parties understand that the contract will be enforceable by
law.
5. Capacity: Both parties must have the legal capacity to enter into the contract. This means that
they must be of legal age, have the mental capacity to understand the terms of the contract, and
not be under duress or undue influence.
6. Legality: The contract must be legal and not contrary to public policy or law.
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Once these elements are present, a contract is considered to exist in the eyes of the law. It is
important to note that contracts can be written or verbal, and can be express (clearly stated) or
implied (implied by the circumstances). However, written contracts are usually preferable because
they provide clear evidence of the terms of the agreement and can help to avoid disputes.
SECTION E: COMPANY LAW
Public limited companies (PLCs) and private limited companies (Ltds) are both recognized forms of
companies under the OHADA uniform Act, but there are several differences between them.
1. Number of shareholders: PLCs must have at least seven shareholders, while Ltds can have
as few as one shareholder.
2. Transferability of shares: The shares of a PLC can be freely traded on a stock exchange,
while the shares of an Ltd are typically not publicly traded and can only be transferred with the
consent of the other shareholders.
3. Disclosure requirements: PLCs are required to disclose more information to the public,
including financial statements and other financial information, while Ltds have fewer disclosure
requirements.
4. Capital requirements: PLCs have higher minimum capital requirements than Ltds. For
example, in Cameroon, the minimum share capital for an Ltd is 1 million CFA francs, while the
minimum share capital for a PLC is 10 million CFA francs.
5. Management structure: PLCs usually have a more complex management structure,
including a board of directors and executive officers, while Ltds may have a simpler management
structure.
6. Public ownership: PLCs can have public ownership, which means that anyone can buy
shares in the company, while Ltds are typically privately owned and controlled by a small group of
shareholders.

Overall, the main differences between PLCs and Ltds are related to their ownership structure,
disclosure requirements, and management structure. While PLCs are typically larger and more
complex than Ltds, both types of companies have their advantages and disadvantages depending on
the goals and objectives of the owners.

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NATIONAL POLYTECHNIC UNIVERSITY INSTITUTE PRE-HND 2022 SESSION
SECTION A: INSTRODUCTION TO LAW AND FUNDAMENTAL RIGHTS (20MARKS)
Examine five sources of Cameroonian law
SECTION B: CIVICS, ETHICS, MORAL AND CITIZENSHIP EDUCATION (20MARKS)
Clearly examine the procedures and conditions for child adoption in Cameroon
SECTION C: LABOUR LAW (20MARKS)
Examine the responsibilities of parties in the contract of employment
SECTION D: BUSINESS LAW (20marks)
What makes a paper instruments a negotiable instruments in the eyes of the law
SECTION E: COMPANY LAW (20MARKS)
What do you understand by the term “doctrine of corporate personality and bring out its advantages
ANSWERS
SECTION A: INSTRODUCTION TO LAW AND FUNDAMENTAL RIGHTS (20MARKS)
The legal system of Cameroon is a blend of civil law and common law principles, and is influenced
by various sources of law. Here are five sources of Cameroonian law:
1. Constitution: The Constitution is the supreme law of the land and provides the framework
for the legal system in Cameroon. It outlines the fundamental rights and freedoms of citizens, the
powers and responsibilities of the different branches of government, and the principles of
governance. The Constitution also establishes the organization and jurisdiction of the different
courts in Cameroon.
2. Legislation: Legislation is another important source of law in Cameroon. The National
Assembly has the power to enact laws, which are published in the Official Gazette and become
binding once they are promulgated. Legislation in Cameroon covers a wide range of topics,
including civil and commercial law, criminal law, labor law, and environmental law.
3. Case law: Judicial decisions, or case law, also play an important role in the Cameroonian
legal system. The decisions of the Supreme Court and the Court of Appeal are binding on lower
courts and help to interpret and clarify the law. The courts in Cameroon also rely on legal doctrine
and legal commentary to help interpret the law and make decisions.
4. Customary law: Customary law is an important source of law in Cameroon, particularly in
rural areas. Customary law is unwritten and based on traditional practices and beliefs, and is
recognized by

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the Constitution as a source of law. In some cases, customary law may be used to resolve disputes or
to supplement statutory law.
5. International law: Cameroon is a party to various international treaties and conventions,
which are also a source of law. International law is incorporated into Cameroonian law through the
ratification of international treaties and conventions, which become binding once they are published
in the Official Gazette. Cameroon also recognizes the principles of international law and the
decisions of international courts and tribunals.

Overall, the sources of Cameroonian law are diverse and reflect the country's unique legal history
and cultural heritage. Understanding these sources of law is essential for anyone seeking to navigate
the Cameroonian legal system.
SECTION B: CIVICS, ETHICS, MORAL AND CITIZENSHIP EDUCATION (20MARKS)
In Cameroon, adoption is regulated by the Law on the Protection of Children adopted in 2016,
which sets out the procedures and conditions for child adoption. Here are the general procedures and
conditions for child adoption in Cameroon:
1. Eligibility: To be eligible to adopt a child in Cameroon, the adoptive parents must be at least
25 years old and at least 15 years older than the child they wish to adopt. The adoptive parents must
also be in good health and have the financial and emotional means to provide for the child.
2. Application: The prospective adoptive parents must submit an application to the Ministry of
Social Affairs, along with a variety of documents, including a medical certificate, a police clearance
certificate, and a financial statement.
3. Assessment: The Ministry of Social Affairs will then conduct an assessment of the
prospective adoptive parents to determine their suitability to adopt a child. This assessment will
include home visits, interviews with the prospective adoptive parents, and a review of their financial
and social situation.
4. Matching: Once the prospective adoptive parents have been approved, the Ministry of Social
Affairs will work to match them with a child who is available for adoption. This process can take
some time, as the Ministry of Social Affairs must take into account the best interests of the child.
5. Court approval: Once a match has been made, the Ministry of Social Affairs will submit the
case to the court for approval. The court will review the case and may require additional information
or documentation before approving the adoption.

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6. Post-adoption follow-up: After the adoption is approved, the Ministry of Social Affairs will
conduct post-adoption follow-up visits to ensure that the child is adjusting well to their new family
and to provide support as needed.
It is important to note that adoption in Cameroon is primarily intended to provide a permanent
family for children who are orphaned, abandoned, or otherwise in need of care. Adoption for other
reasons, such as to provide a childless couple with a child, is not generally permitted under
Cameroonian law. Overall, the process of adopting a child in Cameroon can be lengthy and
complex, and prospective adoptive parents should be prepared for a thorough assessment and review
of their suitability to adopt a child.

SECTION C: LABOUR LAW (20MARKS)

(See page 9-11)
SECTION D: BUSINESS LAW (20marks)
(See page 20)
SECTION E: COMPANY LAW (20MARKS)
The doctrine of corporate personality, also known as the legal personality of a corporation, is a legal
concept that recognizes a corporation as a separate legal entity from its owners or shareholders. This
doctrine means that a corporation has its own legal rights, duties, and liabilities, independent of
those of its owners or shareholders.
The advantages of the doctrine of corporate personality include:
1. Limited liability: One of the primary advantages of the doctrine of corporate personality is
that it provides limited liability protection for the shareholders or owners of the corporation. This
means that the shareholders or owners are not personally responsible for the debts or obligations of
the corporation. Instead, the corporation is responsible for its own debts and obligations.
2. Perpetual existence: Another advantage of the doctrine of corporate personality is that it
allows a corporation to have perpetual existence, meaning that it can continue to exist even if
ownership or management changes. This provides stability and continuity for the corporation and
allows it to enter into long-term contracts and agreements.
3. Ability to own property: The doctrine of corporate personality also allows a corporation to
own property, enter into contracts, and sue and be sued in its own name. This provides the
corporation with the legal capacity to carry out its business activities.

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4. Easier transfer of ownership: The doctrine of corporate personality also allows for the
easier transfer of ownership of a corporation. Shares of stock in the corporation can be bought and
sold, allowing for the transfer of ownership without affecting the corporation's legal status.
5. Access to capital: The doctrine of corporate personality also allows a corporation to raise
capital through the sale of shares of stock to investors. This provides a way for the corporation to
access the capital it needs to grow and expand its business activities.
Overall, the doctrine of corporate personality provides important legal protections and advantages
for corporations, allowing them to operate as separate legal entities with their own rights, duties, and
liabilities. This legal concept has played a significant role in the development and growth of modern
business and commerce.
HND 2020 SESSION
SECTION A: INSTRODUCTION TO LAW AND FUNDAMENTAL RIGHTS (20MARKS)
Cameroon is one of the countries in the world that operates bijuria legal system of Common Law
and Civil Law. Critically examine the differences that exist between them.
SECTION B: CIVICS, ETHICS, MORAL AND CITIZENSHIP EDUCATION (20MARKS)
Clearly examine the procedure and conditions for child adoption under the Cameroonian law
SECTION C: LABOUR LAW (20MARKS)
Examine the types and forms of Labour contracts by the 1992 labour code of Cameroon SECTION
D: BUSINESS LAW (20marks)
1. What do you understand by the term negotiable instruments
2. State and explain clearly five features of negotiable instruments
SECTION E: COMPANY LAW (20MARKS)
Critically examine the doctrine of corporate personality and its advantages

SECTION A: INSTRODUCTION TO LAW AND FUNDAMENTAL RIGHTS (20MARKS)

Cameroon is a unique country in that it operates a bijural legal system, which means that it has both
a civil law system and a common law system. Here are some of the key differences between these

two legal systems:

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1. Sources of law: One of the main differences between civil law and common law is the
sources of law. Civil law is based on written legal codes and statutes, while common law is based on
judicial

decisions and precedent. In civil law systems, the law is primarily based on legislation, while in
common law systems, the law is primarily based on judicial decisions.

2. Role of judges: In civil law systems, judges play a more passive role in interpreting and
applying the law. They are primarily responsible for applying the law as written by the legislature.
In contrast, in common law systems, judges play a more active role in interpreting the law, and their
decisions

help to shape and develop the law over time.

3. Legal procedures: Civil law systems tend to rely on a more formal and rigid legal procedure,
while common law systems tend to be more flexible and informal. In civil law systems, legal
proceedings are often conducted in writing, with less emphasis on oral arguments. In common law
systems, legal proceedings are often conducted through oral arguments and the presentation of
evidence.
4. Legal concepts: Civil law and common law systems have different legal concepts and
terminology. For example, in civil law systems, the concept of "precedent" is less important, while
in common law systems, precedent is a key factor in legal decision-making. Additionally, civil law
systems tend to use different terminology than common law systems, which can make it more
difficult for lawyers and judges to navigate between the two systems.
5. Legal education: Legal education in civil law and common law systems also differs. In civil
law systems, legal education tends to be more focused on legal theory and the study of legal codes,
while in common law systems, legal education tends to be more focused on practical skills and the
study of case law.

Overall, the differences between civil law and common law systems are significant, and navigating
between the two systems can be challenging, especially in countries like Cameroon that operate a
bijural legal system. However, understanding these differences is essential for lawyers and judges
working in such systems to effectively apply the law and ensure justice for all.
SECTION B: CIVICS, ETHICS, MORAL AND CITIZENSHIP EDUCATION (20MARKS)

16
In Cameroon, adoption is governed by the Law on the Protection of Children adopted in 2016,
which sets out the conditions for child adoption. Here are the primary conditions for child adoption
in Cameroon:
1. Eligibility: To be eligible to adopt a child in Cameroon, the adoptive parents must be at least 25
years old, and at least 15 years older than the child they wish to adopt. They must also be in good
health, have the financial means to provide for the child, and be able to provide a suitable home

environment.
2. Marital status: Married couples may adopt jointly, while single people may adopt only with
special

permission from the Ministry of Social Affairs. Same-sex couples are not allowed to adopt in
Cameroon.
3. Residency: Prospective adoptive parents must have lived in Cameroon for at least one year before
they can adopt a child. Exceptions may be made for Cameroonian citizens living abroad who wish
to adopt a child in Cameroon.
4. Consent: The biological parents of the child must consent to the adoption, unless they are
deceased, incapacitated, or their whereabouts are unknown. In cases where the biological parents
are unknown or unable to provide consent, the child must be declared abandoned by a court of
law before they can be adopted.
5. Best interests of the child: The adoption must be in the best interests of the child. This means
that the Ministry of Social Affairs will take into account the child's physical, emotional, and social
needs, as well as their cultural and religious background, when considering a potential adoption.
6. Legal procedures: The adoption must follow the legal procedures set out in Cameroonian law.
This includes submitting an application to the Ministry of Social Affairs, undergoing an
assessment, and obtaining court approval for the adoption.

It is important to note that adoption in Cameroon is primarily intended to provide a permanent

family for children who are orphaned, abandoned, or otherwise in need of care. Adoption for other
reasons, such as to provide a childless couple with a child, is not generally permitted under
Cameroonian law. Overall, the conditions for child adoption in Cameroon are designed to ensure
that the adoption is in the best interests of the child and that the adoptive parents are suitable and
able to provide a stable and loving home environment for the child.

17
SECTION C: LABOUR LAW (20MARKS)
The 1992 Labour Code of Cameroon defines the types and forms of labour contracts that are
recognized and enforceable in the country. Here are the main types and forms of labour contracts
under the 1992 Labour Code of Cameroon:
1. Indefinite-term contract: An indefinite-term contract is a contract that does not have a fixed
end date. This type of contract is the default contract in Cameroon, and it is presumed to exist when
no other type of contract has been specified. An indefinite-term contract can be terminated by either
party by giving notice in accordance with the provisions of the Labour Code.
2. Fixed-term contract: A fixed-term contract is a contract that has a specific end date. This
type of contract is used for a specific project or task that has a defined end date. A fixed-term
contract can

also be used to cover for a staff member who is on a leave of absence. A fixed-term contract
automatically terminates on the specified end date, and notice of termination is not required.
3. Probationary contract: A probationary contract is a contract that is used to evaluate the
suitability of an employee for a particular job. This type of contract is typically used when an
employer is unsure whether a new employee will be a good fit for the job. A probationary contract
can last for a maximum of six months and can be terminated without notice if the employee is found
to be unsuitable for the job.
4. Part-time contract: A part-time contract is a contract that specifies a reduced number of
working hours per week or per month. This type of contract is commonly used for jobs that do not
require fulltime work, such as seasonal work or jobs that require only a few hours of work per week.
5. Apprenticeship contract: An apprenticeship contract is a contract that is used to provide
training and practical experience to an individual who is learning a trade or profession. This type of
contract is typically used in the skilled trades, such as construction or mechanics.
6. Temporary contract: A temporary contract is a contract that is used to cover a temporary
vacancy or to provide a temporary employee to cover for a permanent employee who is absent for a
short period of time. This type of contract is typically used for short-term assignments, such as
covering for a staff member who is on sick leave.
Overall, the 1992 Labour Code of Cameroon recognizes several types and forms of labour contracts,
each with its own specific purpose and requirements. Employers and employees in Cameroon must
adhere to the provisions of the Labour Code when entering into and terminating these contracts.

18
SECTION D: BUSINESS LAW (20marks)
Negotiable instruments are legal documents that can be transferred from one person to another in
order to transfer ownership or financial value. These instruments are used in commercial
transactions as a means of payment or to provide security for loans or other financial transactions.
Negotiable instruments include documents such as checks, promissory notes, bills of exchange, and
certificates of deposit. These documents are considered negotiable because they can be transferred
to another person, who then becomes the new owner of the instrument. The transfer of negotiable
instruments can be done by endorsement, where the original owner signs the instrument to transfer
ownership, or by delivery, where the instrument is physically handed over to the new owner.
Negotiable instruments have several characteristics that make them unique. First, they are written
documents that specify the terms and conditions of the transaction. Second, they are transferable,

meaning that they can be transferred from one person to another. Third, they are payable to the
bearer or to a specified person or order. Fourth, they are payable on demand or at a specified future
date. Negotiable instruments are widely used in commercial transactions because they offer a
convenient and secure means of payment. They can be used to make payments without the need for
cash, and they offer a level of security and trust in transactions. Additionally, they can be used to
provide security for loans or other financial transactions, as they can be used as collateral.

In summary, negotiable instruments are legal documents used in commercial transactions to transfer
ownership or financial value. They are characterized by their written terms and conditions,
transferability, payability to the bearer or a specified person or order, and payability on demand or at
a specified future date.

SECTION E: COMPANY LAW (20MARKS)

(See page 15 & 16)
HND 2021 SESSION
SECTION A: INSTRODUCTION TO LAW AND FUNDAMENTAL RIGHTS (20MARKS)
1. Critically examine five sources of law in Cameroon (10marks)
2. Compose a paper on the classification of criminal offences in Cameroon (10marks)
SECTION B: CIVICS, ETHICS, MORAL AND CITIZENSHIP EDUCATION (20MARKS)
1. What is normative ethics (2marks)
2. State any two methods of acquiring Cameroon citizenship (2marks)
19
 3. Define a nation (2marks)
4. List any two functions of parliament (2marks)
5. What is a bill (2marks)
6. Give any two causes of climate change (2marks)
7. What do you understand by the term good governance (2marks)
8. List any two obligations of a citizens (2marks)
9. State any two features of human right (2marks)
10. What does the colour green on the national flag symbolized (2marks)
SECTION C: LABOUR LAW (20MARKS)
1. Distinguish between contract of specific and unspecific duration (5marks)

2. Explain any four ways through which a contract of employment can be terminated (15marks)
SECTION D: BUSINESS LAW (20marks)
State and explain five ways through which a contract can be discharge (20marks)
SECTION E: COMPANY LAW (20MARKS)
Explain any four types of companies created under the OHADA Uniform Act

ANSWERS
SECTION A: INSTRODUCTION TO LAW AND FUNDAMENTAL RIGHTS (20MARKS)
The legal system of Cameroon is a blend of civil law and common law principles, and is influenced
by various sources of law. Here are five sources of Cameroonian law:
1. Constitution: The Constitution is the supreme law of the land and provides the framework
for the legal system in Cameroon. It outlines the fundamental rights and freedoms of citizens, the
powers and responsibilities of the different branches of government, and the principles of
governance. The Constitution also establishes the organization and jurisdiction of the different
courts in Cameroon.
2. Legislation: Legislation is another important source of law in Cameroon. The National
Assembly has the power to enact laws, which are published in the Official Gazette and become
binding once they are promulgated. Legislation in Cameroon covers a wide range of topics,
including civil and commercial law, criminal law, labor law, and environmental law.
3. Case law: Judicial decisions, or case law, also play an important role in the Cameroonian
legal system. The decisions of the Supreme Court and the Court of Appeal are binding on lower

20
courts and help to interpret and clarify the law. The courts in Cameroon also rely on legal doctrine
and legal commentary to help interpret the law and make decisions.
4. Customary law: Customary law is an important source of law in Cameroon, particularly in
rural areas. Customary law is unwritten and based on traditional practices and beliefs, and is
recognized by the Constitution as a source of law. In some cases, customary law may be used to
resolve disputes or to supplement statutory law.
5. International law: Cameroon is a party to various international treaties and conventions,
which are also a source of law. International law is incorporated into Cameroonian law through the
ratification of international treaties and conventions, which become binding once they are published
in the Official Gazette. Cameroon also recognizes the principles of international law and the

decisions of international courts and tribunals.

Overall, the sources of Cameroonian law are diverse and reflect the country's unique legal history
and

cultural heritage. Understanding these sources of law is essential for anyone seeking to navigate the
Cameroonian legal system.
In Cameroon, criminal offenses are classified into different categories based on the severity of the
offense. The classification of criminal offenses is essential in determining the appropriate
punishment for the offender. The criminal justice system in Cameroon recognizes three main
categories of criminal offenses: contraventions, misdemeanors, and felonies.
1. Contraventions: Contraventions are the least serious category of criminal offenses in
Cameroon. They are minor offenses that are punishable by a fine or a short-term imprisonment.
Contraventions include offenses such as traffic violations, minor theft, and disorderly conduct. The
maximum sentence for a contravention is one year in prison and/or a fine.
2. Misdemeanors: Misdemeanors are more serious than contraventions and are punishable by
imprisonment for a period of up to three years and/or a fine. Misdemeanors include offenses such as
assault, embezzlement, and fraud. The maximum sentence for a misdemeanor is three years in
prison and/or a fine.
3. Felonies: Felonies are the most serious category of criminal offenses in Cameroon. They are
punishable by imprisonment for a period of more than three years and/or a fine. Felonies include
offenses such as murder, rape, and armed robbery. The maximum sentence for a felony is life
imprisonment or the death penalty.

21
In addition to these three main categories of criminal offenses, Cameroon also recognizes other
forms of criminal offenses such as economic offenses, environmental offenses, and cybercrime.
Economic offenses include offenses such as tax evasion, money laundering, and corruption.
Environmental offenses include offenses such as pollution and illegal logging. Cybercrime includes
offenses such as hacking and online fraud.

The punishment for these types of offenses varies depending on the severity of the offense. In some
cases, the punishment may be a fine or a short-term imprisonment, while in other cases, it may be a
long-term imprisonment or even the death penalty.

In conclusion, the classification of criminal offenses in Cameroon is an essential part of the criminal
justice system. The categorization helps to determine the appropriate punishment for the offender
based on the severity of the offense. Understanding the different categories of criminal offenses is
important for lawyers, judges, and law enforcement officials to ensure that justice is served in a fair
and consistent manner.
SECTION B: CIVICS, ETHICS, MORAL AND CITIZENSHIP EDUCATION (20MARKS)
Normative ethics is a branch of moral philosophy that is concerned with developing and evaluating
moral standards and principles that guide human behavior. It seeks to provide a framework for
defining what is right and wrong, good and bad, and just and unjust, and to help people make ethical
decisions in their daily lives.
Normative ethics is concerned with three main questions: (1) What are the basic moral principles
that should guide human behavior? (2) How can we apply these principles to specific moral issues
and situations? and (3) How do we resolve conflicts between different moral principles or values?

There are several different approaches to normative ethics, including consequentialism, deontology,
and virtue ethics. Consequentialism is the view that the morality of an action is determined by its
consequences, with the most desirable outcomes being the most ethical. Deontology is the view that
some actions are inherently right or wrong, regardless of their consequences, and that morality is
based on universal moral principles or duties. Virtue ethics is the view that morality is based on
developing virtuous character traits, such as honesty, courage, and compassion, and that ethical
decision-making should be based on what a virtuous person would do in a given situation.

22
Normative ethics is an important branch of philosophy because it provides a framework for ethical
decision-making and helps us to navigate complex moral issues. By defining moral principles and
evaluating ethical dilemmas, normative ethics can help us to live more ethical lives and create a
more just and compassionate society.
Cameroon recognizes several methods for acquiring citizenship, including birth, naturalization, and
marriage. Here are two methods of acquiring Cameroon citizenship:
1. Birth: A person born in Cameroon to at least one Cameroonian parent is automatically a
Cameroonian citizen by birth. Additionally, a person born outside of Cameroon to at least one
Cameroonian parent may be eligible for Cameroonian citizenship by descent.
2. Naturalization: An individual who has lived in Cameroon for a continuous period of at least
20 years and meets other requirements under the law may be eligible for naturalization as a
Cameroonian citizen. The individual must also renounce their previous citizenship and show proof
of good character and loyalty to Cameroon.

It is important to note that the process for acquiring Cameroon citizenship can be complex and may
vary depending on individual circumstances and the laws and regulations in place at the time. It is
recommended to seek legal advice and guidance from the appropriate authorities when considering
acquiring Cameroon citizenship.
A nation is a group of people who share a common identity, culture, language, history, and territory.
A nation can be defined by a sense of shared identity and belonging that is based on a variety of
factors, including ethnicity, religion, language, and shared history.
A nation is often defined by its political boundaries and is recognized as a sovereign state by the
international community. However, not all nations have their own state or are recognized as
independent countries. Some nations may be part of a larger state or may be divided among multiple
states.
The concept of a nation is complex and multifaceted, and it has been the subject of much debate and
discussion in fields such as political science, sociology, and history. While the definition of a nation
may vary depending on the context and perspective, it generally refers to a group of people who
share a common identity and sense of belonging based on shared characteristics such as culture,
language, and history.
Parliament, also known as the legislative branch of government, has several important functions in a
democratic system. Here are two functions of parliament:

23
1. Lawmaking: One of the primary functions of parliament is to make laws. Members of
parliament propose, debate, and vote on bills that become laws. The legislative process ensures that
laws are carefully considered and debated before they are passed, and it provides a forum for
representatives of the people to voice their opinions and concerns.
2. Oversight: Another important function of parliament is to provide oversight of the executive
branch of government. Parliament has the power to monitor and investigate the actions of the
government and hold government officials accountable for their actions. This oversight function
helps to ensure that the government is acting in the best interests of the people and is not abusing its
power.

In addition to these two functions, parliament may also have other responsibilities, such as
approving the national budget, conducting hearings and inquiries, and representing the interests of
their constituents. Overall, parliament plays a crucial role in the functioning of a democratic society
by ensuring that laws are made in the public interest and that the government is accountable to the
people.

In the context of government and legislation, a bill is a proposed law that is presented to a legislative
body, such as a parliament or congress, for consideration and approval. A bill is typically introduced
by a member of the legislative body and goes through a series of steps before it can become law.

The process of passing a bill varies depending on the country and the legislative body involved, but
generally involves several stages, including introduction, committee consideration, debate, and
voting. During the committee consideration stage, the bill is reviewed by a committee of legislators
who may make changes or amendments to the bill. During the debate stage, the bill is discussed and
debated by all members of the legislative body before a vote is taken.
Once a bill is approved by the legislative body, it may be signed into law by the head of state or
government, or it may require additional approval or signature from other officials or bodies. If the
bill is vetoed by the head of state or government, it may require additional votes or amendments to
overcome the veto.
Overall, a bill is a proposed law that is presented to a legislative body for consideration and
approval. The process of passing a bill can be complex and involve many stages, but it is an
essential part of the legislative process in a democratic society.

24
Climate change is a complex phenomenon that is primarily caused by human activities and natural
factors. Here are two causes of climate change:

1. Greenhouse gas emissions: One of the primary causes of climate change is the release of
greenhouse gases into the atmosphere, primarily through the burning of fossil fuels such as coal, oil,
and gas. These gases, including carbon dioxide, methane, and nitrous oxide, trap heat in the Earth’s
atmosphere, leading to a warming of the planet. The increase in greenhouse gas emissions is
primarily due to human activities such as transportation, industry, and agriculture.
2. Deforestation: Another significant cause of climate change is deforestation, which is the
clearing of forests for agricultural or industrial use. Trees absorb carbon dioxide from the
atmosphere through the process of photosynthesis, so the loss of forests leads to an increase in
atmospheric carbon dioxide levels. Deforestation also reduces the ability of forests to absorb carbon
dioxide in the future, exacerbating the effects of climate change.

Other factors that can contribute to climate change include changes in land use, such as urbanization
and desertification, as well as natural phenomena such as volcanic eruptions and changes in solar

radiation. However, the primary causes of climate change are human activities, particularly the
burning of fossil fuels and deforestation.
Good governance refers to the principles and practices that ensure that those in positions of power
and authority act in the best interests of the people they serve. Good governance is characterized by
transparency, accountability, responsiveness, and the rule of law.

In a system of good governance, public officials are held accountable for their actions and decisions,
and there are effective systems in place to prevent corruption and abuse of power. The government
is transparent in its operations, with information and data readily available to the public.
Additionally, the government is responsive to the needs and concerns of the people and seeks to
address them in a timely and effective manner.

Good governance also emphasizes the rule of law, with a legal system that is fair and impartial, and
protects the rights and freedoms of citizens. The judiciary is independent and free from political
influence, ensuring that laws are applied equally and fairly to all individuals.

25
Overall, good governance plays a crucial role in ensuring that a government is effective, efficient,
and accountable to the people it serves. It is essential for promoting economic growth, reducing
poverty, and creating a stable and just society.
Citizenship comes with certain rights and responsibilities, including obligations to the community
and the country. Here are two obligations of a citizen:
1. Obeying laws: One of the most basic obligations of a citizen is to obey the laws of the land.
Citizens are expected to follow the laws and regulations enacted by the government, including
traffic laws, tax laws, and criminal laws. Obeying the law is essential for maintaining order and
stability in society and ensuring that everyone is treated fairly and justly.
2. Paying taxes: Another important obligation of a citizen is to pay taxes. Taxes are used to
fund essential services and infrastructure, such as education, healthcare, public transportation, and
roads. Citizens are expected to pay their fair share of taxes based on their income and other factors.
Failure to pay taxes can result in penalties and legal consequences.
Other obligations of a citizen may include serving on a jury, voting in elections, participating in
community service, and defending the country in times of war or national emergency. Overall,
citizens have a responsibility to contribute to the well-being of the community and the country, and
to uphold

the values and principles of democracy and justice.Human rights are the fundamental rights and
freedoms that are entitled to every human being, regardless of race, gender, religion, nationality, or
any other status. Here are some key features of human rights:

1. Universal: Human rights apply to all human beings, regardless of their status or
circumstances. They are not limited to citizens of a particular country or members of a certain
group.
2. Inalienable: Human rights are inherent and cannot be taken away or given up by individuals
or governments. They cannot be forfeited, even in times of crisis or emergency.
3. Indivisible: Human rights are interconnected and interdependent. The protection of one
human right often depends on the protection of other rights. For example, the right to freedom of
speech is connected to the right to freedom of assembly and association.
4. Non-discriminatory: Human rights are based on the principle of equality and non-
discrimination. They apply equally to all individuals, regardless of their race, gender, religion,
nationality, or any other status.
26
5. Enforceable: Human rights are not just aspirational ideals, but are legally enforceable.
International human rights treaties and national laws provide mechanisms for individuals to seek
redress when their rights are violated.
6. Progressive: The realization of human rights is an ongoing process that requires continuous
improvement and development over time. Governments have a duty to respect, protect, and fulfill
human rights, and to take steps to promote their realization.
Overall, human rights are a fundamental aspect of human dignity and are essential for the protection
and well-being of all individuals. They provide a framework for ensuring that everyone is treated
with respect, fairness, and justice.
The color green on a national flag can have different meanings depending on the country.
However, in the case of Cameroon, the green color on its national flag is symbolic of several things.

In the Cameroonian flag, the green color represents hope and the country's agricultural heritage.
Cameroon is known for its fertile land and rich natural resources, including forests, wildlife, and
crops such as cocoa, coffee, and bananas. The green color on the flag symbolizes the country's
commitment to sustainable development and environmental protection.

Additionally, the green color on the Cameroonian flag also represents the country's Muslim
population, which makes up around 20% of the population. Green is a significant color in Islam and
is associated with paradise and the Prophet Muhammad.

Overall, the green color on the Cameroonian flag represents the country's natural resources,
commitment to sustainable development, and cultural and religious diversity.
SECTION C: LABOUR LAW (20MARKS)
A contract is a legally binding agreement between two or more parties that outlines the terms and
conditions of a particular transaction or relationship. Contracts can be classified into different types
based on the duration of the agreement. Two common types of contracts are contracts of specific
duration and contracts of unspecified duration. Here's how they differ:
1. Contract of specific duration: A contract of specific duration is an agreement that has a
defined start and end date. This means that both parties agree to fulfill their obligations for a specific
period of time, after which the contract automatically terminates. For example, a contract to provide
services for a fixed period of six months is a contract of specific duration.
27
2. Contract of unspecified duration: A contract of unspecified duration, on the other hand, is
an agreement that does not have a defined end date. This means that the contract continues until one
of the parties decides to terminate it. For example, an employment contract that does not specify an
end date is a contract of unspecified duration.
The key difference between these two types of contracts is the duration of the agreement. A contract
of specific duration has a defined start and end date, while a contract of unspecified duration does
not. Contracts of specific duration are typically used for short-term projects or transactions, while
contracts of unspecified duration are used for ongoing relationships such as employment or rental
agreements.

It is important to note that the terms and conditions of each contract should be carefully considered
and agreed upon by all parties involved in order to ensure that the contract is legally binding and
enforceable.
A contract of employment is a legally binding agreement between an employer and an employee
that outlines the terms and conditions of the employment relationship. The contract can be
terminated by either party under certain circumstances. Here are four ways through which a contract
of employment can be terminated:
1. Termination by mutual agreement: The contract of employment can be terminated by
mutual agreement between the employer and the employee. This means that both parties come to an
agreement to end the employment relationship on certain terms, such as payment of outstanding
dues, notice period, and other contractual obligations.
2. Termination by notice: The contract of employment can be terminated by either party by
giving notice to the other party. This means that the employer or the employee gives written notice
of their intention to terminate the contract on a specified date. The notice period is usually specified
in the contract and may vary depending on the length of service and seniority of the employee.

3. Termination for cause: The contract of employment can be terminated by the employer for
cause or misconduct. This means that the employer can terminate the contract if the employee has
committed a serious breach of the terms of the contract or has engaged in behavior that is harmful to
the company or other employees. The employer must follow the due process and provide evidence
of the misconduct before terminating the contract.

28
4. Termination due to redundancy: The contract of employment can be terminated due to
redundancy. This means that the employer terminates the contract because the job is no longer
required or the company is restructuring. The employer must follow the legal requirements and
provide a notice period and redundancy pay as per the employment laws.
It is important to note that termination of a contract of employment must comply with the relevant
employment laws and regulations in the jurisdiction where the employment takes place.
Additionally, the terms and conditions of the contract of employment should be carefully outlined
and agreed upon by both parties to ensure that the termination process is fair and legally binding.
SECTION D: BUSINESS LAW (20marks)
A contract is a legally binding agreement between two or more parties that outlines the terms and
conditions of a particular transaction or relationship. A contract can be discharged or terminated in
several ways. Here are five ways through which a contract can be discharged:
1. Performance: A contract can be discharged by performance. This means that both parties
fulfill their obligations as per the terms of the contract, and the contract comes to an end. For
example, a construction contract is discharged when the building is completed as per the agreed-
upon specifications.

2. Agreement: A contract can be discharged by mutual agreement. This means that both parties
come to an agreement to discharge the contract on certain terms, such as payment of outstanding
dues, notice period, and other contractual obligations.
3. Breach: A contract can be discharged due to a breach of contract. This means that one party
fails to fulfill their obligations under the contract, resulting in a breach of the terms of the contract.
The non-breaching party can then terminate the contract and seek damages for the breach.
4. Frustration: A contract can be discharged due to frustration. This means that an unforeseen
event occurs that makes it impossible to fulfill the terms of the contract. For example, a contract for
a concert may be frustrated if the venue is destroyed by fire before the concert can take place.
5. Operation of law: A contract can be discharged by operation of law. This means that the
contract is terminated due to a change in the law or a court order. For example, a contract for the
sale of illegal goods is automatically discharged by operation of law.

It is important to note that the discharge of a contract may have legal and financial implications for
both parties. Therefore, it is essential to seek legal advice before taking any action to discharge a
contract.
29
SECTION E: COMPANY LAW (20MARKS)

The OHADA Uniform Act on Commercial Companies and Economic Interest Groups (UEMOA)
provides a framework for the creation and operation of different types of companies in the OHADA
region. Here are four types of companies created under the OHADA Uniform Act:
1. Public limited company (Société Anonyme or SA): A public limited company is a type of
company that is owned by shareholders and has a minimum share capital requirement. The shares of
a public limited company can be traded on a stock exchange, and the liability of the shareholders is
limited to the amount of their investment in the company.
2. Private limited company (Société à responsabilité limitée or SARL): A private limited
company is a type of company that is owned by shareholders and has a minimum share capital
requirement. The shares of a private limited company are not traded on a stock exchange, and the
liability of the shareholders is limited to the amount of their investment in the company.
3. Simplified joint-stock company (Société par actions simplifiée or SAS): A simplified
jointstock company is a type of company that is owned by shareholders and has a flexible legal
structure. The shares of an SAS can be traded on a stock exchange, and the liability of the
shareholders is limited

to the amount of their investment in the company.

4. Partnership limited by shares (Société en commandite par actions or SCA): A
partnership limited by shares is a type of company that is owned by both limited partners and
general partners. The limited partners have limited liability, while the general partners have
unlimited liability. The shares of an SCA can be traded on a stock exchange.

Overall, the OHADA Uniform Act provides a framework for the creation and operation of different
types of companies, each with its own legal structure and requirements. Companies can choose the
type of company that best suits their needs and objectives, based on factors such as ownership
structure, liability, and share capital requirements.
The administration of justice in Cameroon is guided by several fundamental principles that ensure
fair and impartial treatment of individuals. These principles are enshrined in Cameroon's
Constitution and other legal instruments. Here are five fundamental principles guiding the
administration of justice in Cameroon:

30
 HND 2022 SESSION
SECTION A: INSTRODUCTION TO LAW AND FUNDAMENTAL RIGHTS (20MARKS)
Examine five fundamental principles guiding the administration of justice in Cameroon
SECTION B: CIVICS, ETHICS, MORAL AND CITIZENSHIP EDUCATION (20MARKS)
Critically examine five different methods for the acquisition of Cameroonian nationality
SECTION C: LABOUR LAW (20MARKS)
Briefly examine the reciprocal duties of parties engage in labour contract
SECTION D: BUSINESS LAW (20marks)
“Certain characteristics are peculiar to insurance contracts which are not found in ordinary contract”
assess the veracity of this statement
SECTION E: COMPANY LAW (20MARKS)
Examine the discrepancies that exist between public Limited companies and private limited
companies as provided for by the OHADA Law
Answers
SECTION A: INSTRODUCTION TO LAW AND FUNDAMENTAL RIGHTS (20MARKS)

1. Rule of law: The rule of law is a fundamental principle that ensures that all individuals are
subject

to the law, and that no one is above the law. The principle of the rule of law is enshrined in
Cameroon's Constitution and is essential for ensuring that the administration of justice is fair and
impartial.

2. Equality before the law: Equality before the law is a principle that ensures that all individuals
are treated equally under the law, regardless of their race, gender, religion, or social status. This
principle

is also enshrined in Cameroon's Constitution and is essential for ensuring that the administration of
justice is fair and impartial.

3. Fair trial: The principle of fair trial guarantees that all individuals have the right to a fair and
impartial hearing before a competent and independent tribunal. This principle includes the right to

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 legal representation, the right to be heard, and the right to present evidence. Fair trial is essential
for ensuring that the administration of justice is fair and impartial.

4. Presumption of innocence: The principle of presumption of innocence guarantees that

individuals are innocent until proven guilty. This principle is essential for ensuring that the
administration of justice is fair and impartial, and that individuals are not unfairly punished or
stigmatized.

5. Access to justice: The principle of access to justice guarantees that all individuals have access to
the justice system, regardless of their financial or social status. This principle includes the right to
legal aid for those who cannot afford legal representation. Access to justice is essential for
ensuring that the administration of justice is fair and impartial, and that all individuals are able to
protect their rights and interests.

Overall, these fundamental principles guide the administration of justice in Cameroon and are
essential for ensuring that the justice system is fair, impartial, and accessible to all individuals. It is
important for the government and other stakeholders to uphold these principles in order to promote
the rule of law and protect the rights and interests of all citizens.
SECTION B: CIVICS, ETHICS, MORAL AND CITIZENSHIP EDUCATION (20MARKS)
The acquisition of Cameroonian nationality is governed by the Cameroonian Nationality Code,
which sets out the conditions and procedures for acquiring Cameroonian citizenship. Here are five
different methods for the acquisition of Cameroonian nationality, along with a critical examination
of each method:

1. Birth: A person born in Cameroon to at least one Cameroonian parent is

automatically considered a Cameroonian citizen. This method of acquisition is known as
"citizenship by birth." This method is straightforward and easy to apply, but it may exclude
individuals born in Cameroon who do not have a Cameroonian parent.
2. Marriage: A foreigner who marries a Cameroonian citizen may be eligible for Cameroonian
citizenship. This method of acquisition is known as "citizenship by marriage." However, this
method is subject to strict conditions, including a minimum period of marriage and proof of genuine
relationship, which may limit its accessibility.

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3. Naturalization: An individual who has resided in Cameroon for a certain period of time and
meets certain requirements may be eligible for Cameroonian citizenship through naturalization. This
method of acquisition is known as "citizenship by naturalization." However, the requirements for
naturalization can be quite stringent, including a minimum period of residency, language
proficiency, and proof of good character.
4. Investment: Under certain circumstances, a foreigner who invests a significant amount of
money in Cameroon may be eligible for Cameroonian citizenship. This method of acquisition is
known as "citizenship by investment." This method may encourage foreign investment in
Cameroon, but it may also lead to concerns about the potential for wealthy individuals to buy
citizenship.
5. Special circumstances: The Cameroonian government may grant citizenship to individuals
in special circumstances, such as refugees, stateless persons, or individuals who have made
significant contributions to Cameroon. This method of acquisition is known as "citizenship by
special circumstances." This method provides a way for vulnerable and deserving individuals to
obtain citizenship, but it may be subject to arbitrary decision-making and lack transparency.

Overall, each of these methods for the acquisition of Cameroonian nationality has its own
advantages and disadvantages. The Cameroonian government must balance the need to attract
investment and talent with the need to protect the rights and interests of its citizens. It is important to
ensure that the conditions and procedures for acquiring citizenship are fair, transparent, and
accessible to all individuals, regardless of their background or circumstances.
SECTION C: LABOUR LAW (20MARKS)
A labor contract is a legally binding agreement between an employer and an employee that outlines
the terms and conditions of the employment relationship. The contract establishes the reciprocal
duties

and obligations of the parties involved. Here are some of the reciprocal duties of parties engaged in
a labor contract:
1. Duty to work: The employee has a duty to work and perform their job responsibilities to the
best of their abilities. This duty includes being punctual, following workplace rules and procedures,
and meeting performance expectations.

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2. Duty to pay: The employer has a duty to pay the employee the agreed-upon salary or wages
for the work performed. This duty includes paying the employee on time and providing benefits
such as health insurance, pension contributions, and other entitlements.
3. Duty to provide a safe working environment: The employer has a duty to provide a safe
working environment for the employee. This duty includes ensuring that the workplace is free from
hazards, providing appropriate safety equipment and training, and complying with health and safety
regulations.
4. Duty to respect employee rights: The employer has a duty to respect the employee's rights,
including the right to privacy, freedom from discrimination, and the right to join a union. This duty
includes providing a workplace that is free from harassment and discrimination, and treating
employees fairly and respectfully.
5. Duty to give notice: Both parties have a duty to give appropriate notice when terminating the
labor contract. This duty includes providing notice of termination, complying with notice period
requirements, and providing reasons for termination when requested.

Overall, the reciprocal duties of parties engaged in a labor contract are essential for ensuring a fair
and productive employment relationship. Employers and employees must fulfill their respective
obligations to maintain a healthy and positive work environment.
SECTION D: BUSINESS LAW (20marks)
The statement that certain characteristics are peculiar to insurance contracts, which are not found in
ordinary contract law, is generally true. Insurance contracts have unique characteristics that
distinguish them from other types of contracts, and these characteristics are recognized in both legal
and practical contexts. Here are some of the key characteristics that are peculiar to insurance
contracts: 1. Uberrimae fidei (utmost good faith): Insurance contracts require a high degree of
honesty and good faith between the parties. Both the insurer and the insured are required to disclose
all material facts about the risk being insured. This duty of utmost good faith is not found in
ordinary contract law.

2. Indemnity: Insurance contracts are designed to provide indemnity or compensation to the

insured in the event of a loss. The insurer agrees to compensate the insured for the loss suffered, up
to the limit specified in the policy. This concept of indemnity is unique to insurance contracts.
3. Insurable interest: Insurance contracts require that the insured has an insurable interest in
the subject matter of the insurance. This means that the insured must have a financial interest in the
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property or person being insured. This concept of insurable interest is not found in ordinary contract
law.
4. Subrogation: Insurance contracts provide for the insurer to be subrogated to the rights of the
insured in the event of a loss. This means that the insurer can pursue any claims or actions that the
insured could have pursued if the loss had not occurred. This concept of subrogation is unique to
insurance contracts.
5. Premium payment: Insurance contracts require the payment of a premium by the insured to
the insurer. The amount of the premium is based on the risk being insured and the level of coverage
provided. This concept of premium payment is not found in ordinary contract law.

Overall, insurance contracts have unique characteristics that distinguish them from other types of
contracts. These characteristics reflect the specific nature of insurance as a mechanism for managing
and transferring risk. It is important for the parties involved in an insurance contract to understand
these unique characteristics to ensure that the contract is properly formed and executed.
SECTION E: COMPANY LAW (20MARKS)

OHADA Uniform Act on Commercial Companies and Economic Interest Groups provides for the
formation and operation of different types of companies, including public limited companies
(Société Anonyme or SA) and private limited companies (Société à responsabilité limitée or SARL).
Here are some of the discrepancies that exist between public limited companies and private limited
companies as provided for by OHADA:
1. Shareholders: A public limited company can have an unlimited number of shareholders,
while a private limited company is limited to a maximum of 50 shareholders. This means that a
public limited company may have a more diverse shareholder base than a private limited company.
2. Minimum share capital: A public limited company has a higher minimum share capital
requirement than a private limited company. The minimum share capital requirement for a public

limited company is XOF 10 million, while a private limited company requires only XOF 1 million.
This means that it may be easier for small businesses to form a private limited company than a
public limited company.

3. Transfer of shares: In a public limited company, shares can be freely transferred between
shareholders without the need for approval from other shareholders. However, in a private limited
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company, the transfer of shares is subject to certain restrictions, such as the approval of existing
shareholders.
4. Disclosure requirements: A public limited company is required to disclose more information
to the public than a private limited company. For example, a public limited company must publish
its financial statements and other information in the official gazette and other public media. In
contrast, a private limited company is not required to make such disclosures.
5. Governance: A public limited company is required to have a board of directors, while a
private limited company may be managed by a general manager or a board of directors. This means
that a public limited company may have a more structured and formal governance structure than a
private limited company.

Overall, public limited companies and private limited companies have different characteristics that
reflect their respective purposes and structures. The choice of company type will depend on factors
such as ownership structure, financing needs, and governance requirements. It is important to
carefully consider these discrepancies when choosing between public limited companies and private
limited companies under OHADA.
Others question
Critically examine the rights and responsibilities of shareholders of a commercial company
Shareholders are the owners of a commercial company and hold an important position in the
company's governance structure. They have both rights and responsibilities that are critical to the
company's success. Here are some of the key rights and responsibilities of shareholders of a
commercial company:
1. Rights of shareholders:
a. Voting rights: Shareholders have the right to vote on important matters that affect the
company, such as the election of directors or major business decisions.
b. Right to dividends: Shareholders are entitled to receive dividends, which are a portion of the
company's profits distributed to shareholders.
c. Right to information: Shareholders have the right to access information about the company's
operations, financial performance, and other important matters.
d. Right to sue: Shareholders have the right to take legal action against the company or its
directors if they believe that their rights have been violated.

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2. Responsibilities of shareholders:
a. Financial obligations: Shareholders have a responsibility to contribute to the company's
capital and to pay their share of any debts or obligations incurred by the company.
b. Compliance with laws and regulations: Shareholders have a responsibility to ensure that
the company complies with all applicable laws and regulations.
c. Fiduciary duty: Shareholders have a fiduciary duty to act in the best interests of the
company and to avoid conflicts of interest.
d. Oversight of management: Shareholders have a responsibility to oversee the company's
management and to hold them accountable for their actions.

Overall, the rights and responsibilities of shareholders are essential for ensuring that the company is
governed in a fair, transparent, and accountable manner. It is important for shareholders to take an
active role in the company's affairs and to exercise their rights and responsibilities in a responsible
and constructive manner. By doing so, shareholders can help to ensure the long-term success of the
company and protect their own interests as owners.

Clearly outline the procedure and documents required for the incorporation of a commercial
company in Cameroon
To incorporate a commercial company in Cameroon, you will need to follow the procedure below
and provide the following documents:

1. Reserve and obtain company name

- Application letter for reservation of company name
- Copy of the applicant's national identity card or passport
- Payment of reservation fees

2. Draft and sign the articles of association

- Articles of Association of the company
- Copies of the national identity cards or passports of the founders
- Declaration of subscription and payment of shares by the founders

3. Deposit capital at the bank

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- Bank deposit slip

4. Register the company at the Commercial Registry

- Application for registration of the company
- Articles of Association of the company
- Copy of the bank deposit slip
- Proof of payment of registration fees
- Copy of the national identity cards or passports of the founders

5. Obtain business license

- Application for business license
- Copy of the registration certificate from the Commercial Registry
- Copy of the national identity cards or passports of the founders - Payment of business license fees

6. Register for taxes

- Application for a taxpayer identification number (TIN)
- Copy of the registration certificate from the Commercial Registry
- Copy of the national identity cards or passports of the founders

7. Register for social security

- Application for social security registration
- Copy of the registration certificate from the Commercial Registry
- Copy of the national identity cards or passports of the founders

It's important to note that the documents required may vary based on the type of company to be

incorporated, such as a limited liability company, a public limited company, or a sole proprietorship.
Additionally, it's advisable to seek legal advice to ensure compliance with all legal requirements and
regulations.
Examine the responsibilities of the Manager in a Commercial company
The manager of a commercial company has a critical role in the success of the organization. The
manager is responsible for overseeing the day-to-day operations of the company and for

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implementing the strategic plans and policies established by the board of directors. Here are some of
the key responsibilities of the manager in a commercial company:
1. Strategic planning: The manager is responsible for developing and implementing the company's
strategic plans and policies. This includes identifying business opportunities, setting goals and
objectives, and developing plans to achieve them.
2. Financial management: The manager is responsible for managing the company's financial
resources, including budgeting, forecasting, and financial reporting. This includes ensuring that
the company's financial statements are accurate and compliant with accounting standards and
regulations.

3. Operations management: The manager is responsible for overseeing the day-to-day operations
of the company, including production, sales, marketing, and supply chain management. This
includes ensuring that the company's operations are efficient, effective, and aligned with the
company's strategic goals.
4. Human resource management: The manager is responsible for managing the company's human
resources, including recruitment, training, performance management, and employee relations.
This includes ensuring that the company has the right people in the right roles, and that
employees are motivated and engaged.
5. Stakeholder management: The manager is responsible for managing relationships with the
company's stakeholders, including customers, suppliers, investors, and regulators. This includes
ensuring that the company's activities are aligned with stakeholder interests and that the company
maintains a positive reputation in the community.
6. Risk management: The manager is responsible for identifying, assessing, and managing risks
that could impact the company's operations or reputation. This includes implementing risk

management strategies and processes to mitigate potential risks.

7. Compliance: The manager is responsible for ensuring that the company complies with all

applicable laws, regulations, and industry standards. This includes developing and implementing
policies and procedures to ensure compliance and managing relationships with regulatory bodies.

Overall, the manager of a commercial company has a broad range of responsibilities that are
essential for the company's success. To fulfill these responsibilities, the manager must have strong

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leadership skills, a deep understanding of the company's operations and markets, and the ability to
make sound decisions in a rapidly changing business environment.
Examine the rights of both creditor and debtor vis-a-vs a property
The rights of creditors and debtors in relation to a property depend on a number of factors, including
the nature of the debt, the type of property involved, and the laws and regulations of the jurisdiction
in which the property is located. Here are some of the key rights of creditors and debtors in relation
to a property:

1. Creditor's rights: When a creditor has a claim against a debtor, they may be able to seek
payment by placing a lien on the debtor's property. This gives the creditor the right to seize and sell
the property to satisfy the debt. However, the creditor's right to place a lien on the property may be
subject to certain limitations, such as the requirement to obtain a court order or the need to comply
with statutory requirements.
2. Debtor's rights: Debtors have certain rights to protect their property from creditor claims.
These rights may include exemptions that protect certain types of property from seizure, such as a
primary residence or personal belongings. Debtors may also have the right to challenge a creditor's
claim or the validity of a lien placed on their property.
3. Priority of claims: In cases where multiple creditors have claims against a debtor's property,
the order in which these claims are satisfied may be determined by the priority of the claims. Some
claims may have priority over others, such as tax liens or secured debts. The priority of claims may
be determined by law or by the terms of the underlying agreements.
4. Foreclosure: In cases where a debtor defaults on a secured debt, such as a mortgage, the
creditor may have the right to foreclose on the property. This gives the creditor the right to seize and
sell the property to satisfy the debt. However, the debtor may have certain rights to challenge the
foreclosure or negotiate alternative payment arrangements.

Overall, the rights of creditors and debtors in relation to a property are complex and depend on a

variety of factors. It is important for both parties to understand their rights and obligations under the
law and to seek legal advice when necessary to protect their interests.

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