An affidavit is a formal, signed statement made under oath (for Christians) or affirmation (for non-Christians) to confirm the truth of the information provided. It is a voluntary legal document in which the deponent—the person making the affidavit—details facts or beliefs based on their knowledge or experiences.
Affidavits serve as critical legal tools and can be presented as evidence in Cameroonian courts, providing a record of what the deponent has witnessed or known.
Who Can Make an Affidavit in Cameroon?
Anyone with the intellectual capacity to understand and take an oath or affirmation can make an affidavit in Cameroon. While there is no strict age requirement, minors must demonstrate sufficient maturity to grasp the facts outlined in the affidavit and the legal and moral significance of swearing or affirming to the truth.
Common Uses of Affidavits in Cameroon
Affidavits are vital in both civil and criminal proceedings as they serve as a primary means of presenting evidence to the court. Some of their common applications include:
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Evidence Submission
Affidavits are extensively used during interlocutory proceedings and trials to present facts related to a case.
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Divorce Cases
In divorce proceedings, parties often submit affidavits disclosing financial details such as income, assets, liabilities, and contributions to the family. This is crucial for resolving financial disputes and securing equitable judgments.
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Bail Applications
Affidavits are essential for criminal cases, particularly when applying for bail or personal bond. The document must include sufficient details to assist the court in determining whether bail should be granted.
Types of Affidavits in Cameroon
Affidavits of Evidence-in-Chief (AEIC)
Used in civil cases, AEICs outline sworn statements from witnesses that stand as their testimony at trial. Witnesses may be cross-examined on these statements, and any additional evidence not included in the affidavit may require the court’s approval.
Affidavits of Assets and Means
These are specific to divorce cases and involve a detailed disclosure of financial and non-financial contributions by both parties.
Affidavits for Bail or Personal Bond
Filed in criminal cases, these affidavits help the court decide whether to grant bail or release the accused on bond.
Rules and Guidelines for Affidavits in Cameroon
To ensure validity, affidavits must adhere to specific legal guidelines:
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Factual Basis
Affidavits must only contain facts directly observed or known by the deponent. Speculations, arguments, or exaggerated language are not permitted.
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Full and Frank Disclosure
Deponents are obligated to disclose all material facts, even if such information could harm their claim.
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Formatting
Affidavits must be written in numbered paragraphs, with each paragraph addressing a distinct issue. Non-compliance with formatting requirements may result in rejection by the court.
How to Swear or Affirm an Affidavit in Cameroon
Affidavits must be sworn or affirmed before a judicial authority or a Commissioner for Oaths. Here’s the process:
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Presence of a Commissioner for Oaths
The deponent must sign the affidavit in the presence of a recognized legal official to validate it.
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Language Considerations
If the deponent does not understand English or French, an interpreter or a Commissioner proficient in their language must be present to ensure full comprehension.
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Corporate Affidavits
For companies, an authorized officer (e.g., a director or manager) may swear the affidavit, with supporting documentation like a board resolution.
Filing Affidavits in Cameroon
Affidavits can be submitted electronically where applicable or filed physically at designated legal offices, such as court registries or service bureaus.
Key Considerations After Filing an Affidavit
Once admitted as evidence in court:
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Cross-Examination
Witnesses may be required to attend court for cross-examination on their affidavits.
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Oral Evidence
The court has discretion to request oral testimony if deemed necessary.
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Non-Compliance Penalties
Failure to attend hearings for cross-examination could result in the affidavit being excluded unless permitted otherwise by the court.
Why Engage a Lawyer for Your Affidavit in Cameroon?
Navigating the drafting, swearing, and filing of affidavits in Cameroon can be complex due to varying legal requirements for different types of affidavits. Engaging a qualified lawyer ensures that your affidavit complies with all legal standards, protecting its validity and effectiveness in court.
To talk to a lawyer for legal assistance, Contact PRIME TIME LAW OFFICES