927- As concerns protection of widows' inheritance rights, the action of judicial institutions
has made it possible to eliminate the custom that denied widows their inheritance rights. Thus,
in Judgment No. 78/TPD of 16 November 2015 pronounced by the Guider TPD, the Judge
stated:
Whereas the assessor explained that according to the Toupouri custom, only men are called
to inherit, women being considered as inheritance property;
That when a person dies intestate, leaving women and children, his succession is rather
devolved to his brothers, precisely to the eldest brother who can, moreover, take widows in
levirate marriage;
Whereas this custom is in part contrary to public policy and morality, as well as to the
provisions of article 745 of the Civil Code, which states in substance that all legitimate
children inherit from their father and mother regardless of sex or primogeniture, in equal
parts and per capita....
928- In the case of AMINOU DALIL vs Succession DALIL, subject of Judgment No.
59/TPD of 17 August 2015 pronounced by the Guider TPD, the Judge noted that the omission
of the right of usufruct of the widows DOUDOU KAMBA and FATOUMATOU SAMBO,
which is based on the Mousgoum custom, is obsolete and iniquitous, and is contrary to both
public policy and morality as well as to article 767 (3) of the Civil Code, which recognizes
under these conditions, a right of usufruct of one quarter of the estate of her predeceased
husband.
929- Moreover, 2024 decisions rendered by all CFIs and TPDs recognized the widow as a
usufructuary in 2016. Reports are made following some of these decisions: in Judgment No.
546/Civil rendered on 27 June 2016 by the Mfoundi High Court, the Judge ruling in the case
of succession in polygamy, declared the three widows of the deceased usufructuaries of their
deceased husband's estate and further ordered the liquidation and division of the property that
existed between each of his wives; a solution that is consistent with the orthodoxy of case-law
in this matter. More reference is made to this orthodoxy in Judgment No. 305/CIV of 18 April
2016 in the following terms: orders liquidation of the communal property that existed
between the deceased and ADA Josiane Amélie on the one hand and between the deceased
and NGOUNGOURE MOLUH Zouliatou on the other.
930- Judgment No. 205/Civ of 10 March 2016 of the same court declares the two widows of
the deceased usufructuaries of the estate, ordering the liquidation of the estate that existed
between the deceased and his two widows in the following statement: that in the present case,
it is undisputed that AKOMO Marie Thérèse Victoire and NGA MVONDO Lucie, married
the deceased under the regime of joint property as per article 1400 of the Civil Code; that
upon these grounds, it is appropriate therefore to order the dissolution of the community that
existed between the deceased and his wives.
931- Also, widows are regularly made aware of their rights through conferences and round
table discussions and educational talks, particularly on the occasion of the celebration of
International Widows' Day every 23 June. In 2015 and 2016, nearly 448 widows were
received at socio-legal clinics, while more than 15 000 people were sensitized on specific
problems confronting widows during educational talks organized at the regional level.
Furthermore, a capacity building workshop to enhance the legal capacities of widows of the
Aloua439 municipality was organized on 16 and 17 March 2016 by the Cameroon Needy
Women's Assistance Committee (CAFENEC), and provided participants with an opportunity
to learn about the rights of widows and steps to take to claim their rights.
439
Lebialem Division, South-West Region. These meetings brought together participants from the different
villages/neighbourhoods of the Alou Sub-division, located about ten kilometers from Fongo-Tongo, a locality
bordering the Menoua Division.
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