Communication 389/10 – Mbiankeu Geneviève v. Cameroon

Summary of the Complaint

1. On 7 September 2010, the Secretariat of the African Commission on Human and Peoples' Rights (the Secretariat) received from Mrs Geneviève Mbiankeu Kamenga, a citizen of Cameroon with French nationality, a Communication submitted pursuant to Article 55 of the African Charter on Human and Peoples' Rights (the African Charter). The Complainant is a radiology technician resident in France.

1. The Communication was submitted against the Republic of Cameroon (the Respondent State or Cameroon), a State Party to the African Charter.¹

1. The Complainant submits that following a mandate entrusted to a law firm in Yaoundé, she and her husband were informed on 6 June 2007 that a 2,000 m² plot of land located in a residential neighbourhood in Yaoundé was on sale. After verifying the documents in the possession of the vendor's notary, Mr Pierre Firmin ADDA, a notary in Yaoundé, the Complainant and her husband were informed that there was no opposition to the sale of the plot of land. On 8 June 2007, the firm, on their behalf, negotiated with the vendor for the purchase of an area of 500 m² valued at 22,500,000 (twenty-two million five hundred thousand) CFA francs.

1. The Complainant avers that her husband then left Paris for Yaoundé where he signed, on 26 June 2007, the deed of sale in exchange of the sum of 26,578,000 (twenty-six million five hundred and seventy-eight thousand) CFA francs which was handed over to the notary. This amount included the sum of 3,020,340 (three million twenty thousand three hundred and forty) CFA francs as fees paid to the Government of Cameroon and notary and lawyer fees.

1. The Complainant contends that following the land sale and administrative steps taken by the notary, her husband received by DHL on 17 August 2007, a land certificate no. 38826/Mfoundi issued on 6 August 2007 by the Government of Cameroon.

1. The Complainant further alleges that her husband returned to Yaoundé on 25 October 2007 to start developing the land. She contends that on 29 October 2007, the Land Registry issued her husband a certificate of ownership stating that the land certificate was not subject to any charges or fees, and that as

¹ The Republic of Cameroon ratified the African Charter on 20 June 1989.

from 30 October 2007, her husband was prevented from enjoying ownership of the land as a result of a number of incidents.