Apollinaire M, a trader in Yaounde, was accused of owing FCFA 12 million.
Apollinaire M, a businessman in Yaounde has been found guilty of breach of contract. Apollinaire who trades in second-hand clothing in Yaounde is accused of owing the FCFA 12 million to a certain businesswoman, Mrs Kamteu.
According to the case file, Mrs Kamteu was Apollinaire’s former supplier of second-hand clothing. In 2007, Apollinaire is alleged to have signed an acknowledgement of a debt of FCFA 5 million owed to Mrs Kamteu.
Prior to the acknowledgment of debt, Mrs Kamteu was the sole supplier of Apollinaire.
But according to latter, he had annulled the contract with Mrs. Kamteu since 2007 and opened up to other partners. On her part, Mrs Kamateu argued that Apollinaire owed her an accumulated debt worth FCFA 12 million from 2007 to 2013.
Apollinaire however refuted arguing that his signature is not found on any document as proof his debt.
Apollinaire maintained that he paid his debt in 2007 and after that he was paying for all the goods he bought from Mrs Kamteu. Mrs Kamteu took the matter to court and Apollinaire is presently in preventive detention at the Kondengui Central Prison.
Defence Lawyer, Barrister Yves Ndzode said the decision of the court is contested because since 2007 the debt had gone beyond three years within which Mrs. Kamteu did not complain. Thus the latter is time barred from complaining now.
He regretted in spite of the fact that there was no proof that his client owed her FCFA 12 million, the court declared him guilty.
He explained that there is no breach of contract when it has to do with buying and selling even if it is on credit. Also, the prosecution witnesses accepted the fact that they did not know the amount Apollinaire owes Mrs Kamteu.
He however said preparations are already underway to book for a bail. Judgment has been slated for August 1, 2014.
