An incorporated company has a separate entity distinct from the individuals who are shareholders and directors in control of the company’s operations. The procedure to sue a company in Cameroon is not far-fetched from the procedure for suing an ordinary person, because a company is also deemed as a legal personality with its own rights and privileges.There are several reasons for suing a company in Cameroon. It could be as a result of a breach of contract, debt recovery, defective products, bad services or injury to an individual or properties.
In suing a company in Cameroon, it is trite to first of all state that an incorporated company has the capacity to sue and be sued because it has the power of a natural person. It can institute an action to enforce its legal rights in its corporate name and also defend in its corporate name when sued.
The first step in suing a company in Cameroon for monetary claims is to send a written demand notice before an action can be brought against such a company. The demand notice usually explains the injuries suffered or the wrongs done by the complaint or particulars of any breach of contractual terms and the amount of compensation that the complainant is willing to collect. Such a letter may also be used to issue a warning to the company of the complainant’s intention of resorting to a court where the company refuses to comply with the demands in it.
For an action to be instituted, there must be a cause of action. This cause of action can be negligence suffered as a result of the company’s action or failure to act, breach of contract arising from an existing valid contract, employment discrimination arising from unlawful dismissal among others.
LEGAL STEPS TO SUE COMPANY
- Send a written demand notice drafted by a Lawyer to the company
- The companies may prefer to settle matters that arise against it in an amicable way.
- The complaining party can file a court process in court through a lawyer.
- These processes are further served on the Company effective by delivering the process in the company’s registered or corporate addresses or serving its directors or other principal officers of the company.
- When an action has been duly filed in court, a suit number and court will be assigned to the matter and such matter will be listed on the court’s cause list.
In conclusion, in suing a company in Cameroon, the cause of action must be genuine in order for the court to adjudicate on the matter. Nevertheless, most organizations or businesses prefer to settle matters amicably rather than resorting to court to protect the image of the company.
Article by Barr. Mafany Victor Ngando
“The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstance”