Ship Collision Claims in Cameroon: Legal Procedures and Enforcement Challenges

Ship collision cases, typically treated as civil disputes under the tort of negligence, pose significant legal challenges, particularly in jurisdictions like Cameroon where multiple legal systems coexist. When ships collide at sea, the resulting damage often gives rise to disputes between parties involve in the accident. Where amicable settlements fail, claimants must resort to litigation, arbitration, or other forms of alternative dispute resolution (ADR). This article critically examines the adjudication of ship collision disputes in Cameroon, highlighting the procedural complexities caused by the coexistence of the Common Law in Anglophone regions and the Civil Law in Francophone areas. These dual systems lead to divergent procedures and evidentiary requirements, complicating case management and enforcement. Also, enforcing judgments in maritime cases is particularly challenging due to practical measures such as ship arrests and injunctions, which are further hampered by bureaucratic bottlenecks and executive interference. The article argues that these systemic hurdles undermine the principle of separation of powers and delay the effective resolution of maritime disputes. To address these challenges, the article recommends harmonising civil procedures in a single Text, and streamlining the administrative processes required for enforcement measures like ship arrests. Strengthening the independence of the judiciary from executive influence is also essential to ensure fair, efficient, and predictable outcomes in ship collision litigation in Cameroon.