The authority of res judicata in Cameroonian civil procedure

to the consecration of a plea of inadmissibility of public policy?

Abstract

This paper analyzes an evolution occurred in Cameroonian positive law concerning the implementation!of!the authority of res judicata. The rules governing the implementation of this plea of inadmissibility are insufficiently considered by the  legislature. This gives great possibilities to judges who seem to consider it as plea of inadmissibility of public policy. This tendency is sometimes at variance with the legal requirements. In view of its function which includes the protection of the interests of the whole court, the implementation of the authority of res judicata should not only be the privilege of the parties, but also that of the judge who can raise it when he becomes aware of its existence. By this same!argument, the authority of res judicata should be admissible at any moment in the procedure which is contrary to the legal prescription now that requires that pleas of inadmissibility should be raised before any conclusive background. This article analyzes this evolution in a critical vision. It suggests some  necessary adjustments in order to allow coherences between the implementation of the authority of res judicata with its legal nature or functions, but also with all the principles of the civil trial.