Developments and Reforms in Cameroon Land Lan Since 1884
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DEVELOPMENTS AND REFORMS IN CAMEROON LAND LAN SINCE 1884 by CLEMENT NFORTI NGWASIRI Thesis presented for the Internal Degree of Doctor of Philosophy in the Faculty of Laws. University of London July, 1979- ProQuest Number: 11010375 All rights reserved INFORMATION TO ALL USERS The quality of this reproduction is dependent upon the quality of the copy submitted. In the unlikely event that the author did not send a com plete manuscript and there are missing pages, these will be noted. Also, if material had to be removed, a note will indicate the deletion. uest ProQuest 11010375 Published by ProQuest LLC(2018). Copyright of the Dissertation is held by the Author. All rights reserved. This work is protected against unauthorized copying under Title 17, United States C ode Microform Edition © ProQuest LLC. ProQuest LLC. 789 East Eisenhower Parkway P.O. Box 1346 Ann Arbor, Ml 48106- 1346 DEVELOPMENTS AND REFORMS IN CAMEROON LAND LAW SINCE 1884 2 Clement Nfortl Ngwasiri. ABSTRACT This thesis is the first of its kind, so far as Cameroon land law is concerned, in that it is the first attempt to cover the country as a whole. The subject is treated in five parts comprising a total of twelve chapters. Part one, which is the introduction,has two chapters, the first of which briefly outlines the country’s history whereas the second chapter explains the present administrative structure of Cameroon. The third and fourth chapters, of which part two consists are devoted to the ethnic composition of Cameroon. Chapter three traces the patterns of settlement of the different ethnic groups in the territory and chapter four undertakes an analytical description of these groups from the point of view of their political, kinship and economic systems as well as their religions and languages. The two chapters of part three which deal with the indigenous land tenures respectively analyse the interests of benefit on the one hand and the interests of control on the other. These are the two broad schemes of interests enjoyed under the indigenous land tenures in the territory. Part four consists of three chapters corresponding to the three European Powers, Germany, Britain and France which administered the territory between 1884 and 1961. Apart from discussing the effects of this European administration on the indigenous institutions, the administrative and political separation of the territory between 1922 and 1961, when Britain and France administered the area is also discussed. The fifth and final part also contains three chapters. The first two chapters examine the reaction of the governments of the two federated states of East and West Cameroon to the land tenure policies which had been adopted in these territories by France and Britain. The twelfth and last chapter takes a critical look at the current land tenure reforms in the country. 3 A NOTE ON PLACE-NAMES AND THE NOMENCLATURE OF ENACTMENTS Everyone writing on Cameroon has to decide whether to adopt the English or the French spellings of place-names in the territory. Since this work is written in the English language, the standard English spellings of place-names which can be found on any current map of Cameroon will be used throughout except where it is inexpedient to do so. The French spelling of the country’s capital city of "Yaounde" has been retained. With regard to the nomenclature of enactments, the French term Decret is retained for those passed either in France or in Cameroon prior to June 2, 1972, when the United Republic of Cameroon was created; whereas the term Decree is used in the case of those passed after this date. 4 ACKNOWLEDGEMENTS The accomplishment of a job such as this necessarily in- vovles the contribution of many people and institutions. To begin with, it was a great opportunity for me to have Professor A.N. Allott as my Supervisor considering his wide experience especially in my field. I am profoundly grateful to him for the meticulous manner and the incisiveness with which he super vised this work throughout the three years it took me to write it. My appreciation goes to Professor Read and Mrs Rogers of the School of Oriental and African Studies for their helpful suggestions and advice. I also met other people elsewhere who were equally helpful. These include Professor Conac of the Laboratoire d TAnthropologie Juridique of the University of Paris, Professor E.W. Ardener of the University of Oxford, Professors Melone and Ntamark as well as Tjouen Alexandre of the University of Yaounde. I am greatly indebted to them for their useful suggestions. Messrs. T.K. Ekaney, Deputy Director of Lands in Yaounde', Justice Endeley of the Court of Appeal, Buea, and Dr. E.M.L. Endeley provided me with material which I could not have easily obtained elsewhere. To them, I owe many thanks. Many other people have helped me in one way or the other and al though their names are not mentioned here, I am nevertheless grateful to all of them. Mention must however be made of the staff of various libraries, research institutes and courts, in London, Paris, Yaounde", Buea and Bamenda where I carried out research. I am most grateful to all of them for their kindness. I also thank the Cameroon government who sponsored me through out my legal studies. Finally, I thank my wife whose encourage ment was most helpful at moments when I felt like succumbing to the burden of the job. C.N.N. 5 TABLE OF CONTENTS Page Abstract 2 Note on place-names and the nomenclature of enactments 3 Acknowledgement 4 Table of Contents 5 PART ONE 15 INTRODUCTION 15 CHAPTER 1: A BRIEF HISTORY OF CAMEROON 16 Discovery of Cameroon 18 The Portuguese traders 19 The Slave Trade 20 The British Presence 21 The Annexation of Cameroon 22 The Condominium and the Partition of Cameroon 26 The French Administration 27 The French Mandate 29 British Administration 32 Meaning of Indirect Rule 33 The Cameron School 34 The Trusteeship Period 35 French Trusteeship Administration 36 British Trusteeship Administration 37 The Southern Cameroons Government 38 The Federal Republic of Cameroon 39 0y - Page CHAPTER 2: ADMINISTRATIVE STRUCTURE OF THE UNITED REPUBLIC OP CAMEROON 41 The Ministries 42 Ministry of Finance 43 The Lands Section 44 The Surveys Section 45 Introduced Laws 46 English Law 47 French Law 49 Customary Law 51 System of Courts * 54 Customary Courts 54 The Ordinary Courts of Law 56 PART TWO THE ETHNIC COMPOSITION OF CAMEROON 58 CHAPTER 3: PATTERNS OF SETTLEMENT OF THE ETHNIC GROUPS 59 Classification of the Ethnic Groups 60 The Bantu 62 The Duala 64 The Elog-mpoo 66 The Bakoko 66 7 Page The Basa 69 Origins of the Basa 70 The Genealogy of the Basa 72 The Bakweri 76 The Bantoid 78 The Tikar 78 Origin of the Tikar 8° Other smaller Tikar Groups 80 The Bamileke 82 History of the Bamileke 83 The Five Bamileke Groups 84 The Bamum 87 Nomenclature 87 Traditions of Origin 88 The Nso 89 Origin of the Fulbe 92 The Kotdko 97 The Mandara 98 CHAPTER 4 : ANALYTICAL DESCRIPTION OF THE ETHNIC GROUPS 101 The Political Institutions 102 Sudanic Political Institutions 102 The Council 104 The Tikar 106 The Political Institutions of Bafussam 107 The Nso 111 The Bantu 113 8 Page The Duala 113 The Bakweri 115 The Bantu Kinship Systems 117 The Duala Kinship System 118 The Bamileke Kinship System 126 Nso Kinship System 128 Sudanic Kinship Systems 131 Economic Activities of the Sudanic peoples 135 The Fulbe 135 The Kotoko 136 The Bamileke 137 Economic Activities of the Duala 139 The Bakweri l4l Religious Practices of the Bantu l4l The Duala 142 The Bamileke 145 Religious Practices of the Sudanic Peoples 147 The Bantu Languages 149 The Bantoid Languages 150 The Sudanic Languages 151 The Local Dialects and Land Law 152 PART THREE CUSTOMARY LAND TENURES IN CAMEROON 155 Some Early Forms of Property 156 Development of Rights in Land 158 9 Page CHAPTER 5 : THE INTERESTS OF BENEFIT 164 The Corporate Title 165 The Chief or Lineage Head 167 Effect of Alienation of Group Title by Chief 169 Member’s Self-acquired Property 172 Group’s Interest in Member’s Self acquired Property 172 Members’ Interests in Family Property 179 Adult Males 180 Quicquid Plantatur Solo3 Solo Cedit 182 Member who Dies Childless 186 CHAPTER 6: THE INTERESTS OF CONTROL 192 Duties of Land-controlling Authorities 193 Land Allocation 194 Control of Land Use 201 The Uncentralised Areas 209 PART FOUR: THE EFFECTS OF EUROPEAN RULE 214 CHAPTER 7: THE PERIOD OF GERMAN RULE 216 Introduction 216 Terms of the Treaty of Annexation 216 Area Covered by the Treaty 219 The Setting up of German Administration 223 Penetration into the Hinterland 227 The Gesellschaft Sttd-Kamerun 231 The Gesellschaft Nordwest-Kamerun 232 Establishment of Courts 234 10 Page The Courts for Natives 234 Courts with Jurisdiction over Europeans 235 Criticism of German Administration of Justice 236 The Advisory Councils 238 German Land Policy 239 The Order of 1888 239 Governor’s Power of Forfeiture 240 The Land Decree of 1896 242 The Concept of Herrenlos Land 243 Crown Land 244 The Land Commissions 247 The Duala Land Question 249 Petition to the Reichstag 250 The Bakweri Land Problem 251 CHAPTER 8: THE PERIOD OF BRITISH ADMINISTRATION 253 Introduction 253 Purpose of the Mandates System 254 The British Mandate for the Cameroons 255 Beginning of British Administration 259 Title to the Ex-enemy Properties 260 Reaction of the British Press and Public 265 British-inspired Land Legislation 270 The Land and Native Rights Ordinance 273 Highest Interest under the Ordinance 274 The Legal Title of a Native 275 The Cameroons Development Corporation