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Wednesday, April 23, 2014

Re: [cameroon_politics] Re: [camnetwork] Misinterpretation // Re: Pa Fru PAAWCE: THANKS FOR THE LAND TENURE DOCUMENT

We all learn every day  and should  be tolerant enough to accommodate other peoples opinion .

To say the least , telling some body that he or she never worked as civil servant in Cameroon
is immature and  of course using tone that is beligered should be frowned at .

The  issue about  CBC and the Fondom , reading from your write up , i just wish to state a few points of Law that are succinctly very clear and that had  you avert  your mind to these points then you would not have gotten into these insults .

Firstly the Decision of the Senior Divisional Officer as Chairman of the Land Consultative Board is null and void  abinitio -  Reason - The SDO is not authorized by Law , it is the DO  Consequently any Decision emanating from a person like the SDO is  a Legal Nullity at  Law

Secondly - Any party not satisfied with the decision  can not seek Legal Redress before the Ordinary Law Courts - What you do is  you  file  before the Administrative Court  of  the  North West Region Holden at Bamenda  for the whole Region - There are strict time constrain procedures to be followed .

Thirdly on the core question as to whether the Fondom can reclaim the Land ?  - It depends on the circumstances of the transaction at the time the Land was handed over to the CBC . -

Lastly - where the main issue is title to the piece of Land  then , the matter may have to go back to a properly constituted Land Consultative Board chaired by the DO .  any challenge  will end up still before the Administrative Court .  Parties should seek  advice from counsel of their choice  in this matter  because if they had counsel he or she would have raised an objection  from the beginning  to stop the SDO  for want of jurisdictional competence .



H.R.H.  FON  TASSAH IV

BARRISTER-AT -LAW

LLB  (HONS) LL.M , BL

NB - LAWYER TASSAH IS THE PARAMOUNT FON
OF  MENKA - WIDIKUM SUB DIVISION  AND A SENIOR
DEFENSE LAWYER  BY  PROFESSION .
On Wednesday, April 23, 2014 5:38 PM, Mishe Fon <mishefon@yahoo.com> wrote:
 
Massa Nguni Yacoubou
Please don't "Microwave" me yet. Let us put sentiments aside and argue the merits of the case as presented.

For starters: I am not the writer of the piece in question. Pa Fru forwarded an attachment which I found interesting and decided to post a paragraph of my choice which is now the object of your angst. You even pushed the envelope one notch with this hot line: "It's all well and good that you, Mishe Fon, never got into the civil service because if you had become a Civil Administrator, you would have caused a lot of carnage with your blatant biased approach to issues like this".
Pa Microwave; for your information, I was a Civil Servant for several years (albeit a yeye Contractuel d'Administration Categorie A1 de la Fonction Publique) with the Ministry of Public Health before going into "Private Practice" as a "Hawker of Merecine" for a Pharmaceutical Company; which our French Masters gave a sweet name to as "Delegue Medical"...Bicos of my Bad-Fashion at that time, my friends, Nurses, Woman Doktas, Woman Pharmacists, Woman LabTechs, Woman Midwives (yes there are Manpikin Midwives); instead of calling me DELEGUE preferred to give me their own name; calling me derogatorily as "DEREGLE".

The question for you my mblalla Microwave is: How does posting a scholarly article written by a renown University don make you come to the unflattering conclusion that: If Mishe Fon were a Civil Administrator, he will CAUSE A LOT OF CARNAGE because of his BLATANT BIASED APPROACH TO ISSUES. Are you kidding me? God scratch matchis. Mishe Fon associated with CARNAGE talk less of BIAS? Am I missing something here?

I have always told guys to lookut me. Anyone who wants to engage pala-pala with me should remember that I have a Black Belt in Kung-Fu Fighting and Brown Belt in Nambudo Karate. In short...I AM VERY BAD. I am the black Akata guy who is often killed in several Jackie Chan movies. So, man weh ih want try me, make ih lookut. My Lachete no good.

Kind Regards from the "Blatantly Biased, irrational and Carnage Causing"

Mishe Fon
On Wednesday, April 23, 2014 9:58 AM, "ngunimicrowave@aol.com" <ngunimicrowave@aol.com> wrote:
 
The Fondom decided to reclaim the land it had given out to the CBC, and allow locals to use it as farmland. (Mishe Fon)
 
Mishe Fon
Anybody with a rational head on the shoulder will understand from the above statement that the Fondom got it all wrong. Once you make a gift of any kind, piece of land included, to someone or to an entity, your rights to that gift (land) expires immediately. Whether the gift is abandoned, sold, put into use or whatever is none of the former owner's business and therefore, any attempt by the former owner to infringe on such property is frowned at by the law as trespassing.
 
In the absence of a document that specifically stated the CBC had up to so number of years to erect a school on that property or lose it, the Fondom has no case. Hope is not an investment. Hope is an expectation that could happen or fail.
 
Government officials need not spend tax payers' money to go to court to get a ruling. District officers in Cameroon are official arbiters of land disputes and in this case, they got it right. Sentiments have no place in the court of law or the interpretation of legal texts. It's all well and good that you, Mishe Fon, never got into the civil service because if you had become a civil administrator, you would have caused a lot of carnage with your blatant biased approach to issues like this.
 
 Micro-Wave
-----Original Message-----
From: Nyama Moliki <cameroonians@gmail.com>
To: camnetwork <camnetwork@yahoogroups.com>
Sent: Wed, Apr 23, 2014 2:15 am
Subject: Re: [camnetwork] Pa Fru PAAWCE: THANKS FOR THE LAND TENURE DOCUMENT

 
The Senior Divisional Officer is not a member of the Lands Consultative Board or its Presdient. The President of the Board is the Divisional Officer. If the Senior Divisional Officer made a ruling on the land it is by arbitration and the decision is not legally binding. The Ndu Community can take the matter back to the Divisional Officer and the Lands consultative Board as that is the body which has the legal right to issue judgements on title.Free legal advise!


On Tue, Apr 22, 2014 at 11:39 PM, Mishe Fon <mishefon@yahoo.com> wrote:
 
Pa Fru PAAWCE Ndeh
Thank you very much for the document you attached relative to the on-going debate on "Land Grab" by "Missionaries". I found it very edifying and this particular passage caught my attention:

"One could argue that this trend of indifference by (Southern Cameroonians) to Local (Cameroon) Courts on issues of Economic Law is a direct result of the Government's indifference to Cultural Contexts and Customs, and the insensitive manner in which this same Government has chosen to govern.

 Another example relates to a Land Dispute between the Fondom of Ndu and the Cameroon Baptist Convention (CBC) (the Fon of Ndu Case). In that dispute, the Fondom of Ndu had made Land available to the CBC for developmental purposes such as the building of schools. The CBC built a school on the land, then (for whatever reasons) later moved the school to Kom (another town) leaving the land vacant. The Fondom decided to reclaim the land it had given out to the CBC, and allow locals to use it as farmland. The CBC ferociously fought back claiming the Land belonged to them. In this case, the Senior Divisional officer (SDO) intervened as Head of the Land Consultative Board and ruled in favour of the CBC. The Senior Divisional Officer for Ndu acted alone, without the Land Consultative Board sitting as a Board. Although President of the Land Consultative Board, he made his ruling with no reference to his capacity as a Commissioner or Member of the Land Consultative Board. The Fon of Ndu, the Ndu people (and majority of Southern Cameroonians) felt deprived of their Rights and also felt humiliated that an (appointed) Officer imposed a Decision over their Traditional Ruler. In light of such insensitive gestures (which are rampant in West Cameroon), it can be seen why Local Communities perceive the Cameroon Courts and other Legal Fora as offering them little in terms of Justice. The Courts and Tribunals such as the LCB are seen as very close to Government (and infested with careerist Functionaries), and who are not acting as impartial arbiters of disputes of this nature".




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