Actualités of Thursday, 11 September 2014

Source: Cameroon Tribune

Hysacam DG in legal battle over a building in Douala

A legal case on a building has been brought forward by the public prosecutor, Roger Michel Ngoulla Kenlac and Tchinou against Michel Ngapanoun and four other accused. The case is currently at the Court of appeal in Douala - Bonanjo.

The civil party, comprising of Dr. Ngoulla, tenant, and Jean Philippe Tchinou, who appealed the decision rendered by the Court of first instance in Douala-Bonanjo October 21, 2013, which condemned Michel Ngapanoun, appearing as an individual and not in his capacity as DG of Hysacam, and Mr. Ernest Ndjoume, bailiff, for conspiracy in the flight destruction and abuse of office. They were also ordered to pay damages, while the other three defendants had been acquitted.

A judgment on the case 28 October 2008, where Mr. Ndjoume and other ushers had executed an act of expulsion of the building housing the clinic du Berceau, purchased by Michel Ngapanoun in 2006, as part of an auction on repossession by Bicec.

And the verdict on October 21, 2013 did not arrange the matter for the applicants, represented among others by the Jackson Ngnie Kamga. Which explains the two main reasons for the appeal as "the amount allocated was insufficient and we also asked the appellate court to convict the defendants who were acquitted by the trial judge".

According to him, Me Fabien Kengne, Council for Michel Ngapanoun, insists that his client was not present in Cameroon at the time and that he had given no orders to the bailiffs. He added that "in criminal matters, what matters are the evidence and so far there was only evidence by witness..." This folder is that of execution of a decision of justice and nothing else".

According to the advocate general, with regard to the execution of the expulsion, "in practice, the bailiff has the obligation to refer to the public prosecutor to request the opinion of the latter, especially with the sensitive nature of the case.