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Chronology 2
The Courts of the South West Province, Cameroon.
High Court of Buea.
16/08/2001 - Papers filed for Divorce, High Court of Buea.
31/08/2001 - Day 1, Adjourned. Reply papers are lodged at the Court and the matter is adjourned until Tuesday 4th of September.
04/09/2001 - Day 2, Adjourned. Opposing Barrister, Eno Charles Agbor claims that because the power went of yesterday, his papers are not ready. I am advised that the matter of "An accelerated hearing & return of the documents" will be heard on the 11th of September.
08/09/2001 - Death Threats, (See Main Page - Complaints). That Enow Brillian Ayuk was hiring armed robbers to kill her white man husband.
10/09/2001 - Death Threats, (See Main page - Complaints). That I would be killed at Court the following day.
11/09/2001 - Day 3, After a 5 hour wait we ended up in the Court. Barrister Eno wanted the 4WD to be taken from me, and that the money in the bank, (Now in an account in my name) be blocked and that the income from the taxis go to Enow Brillian Ayuk. Barrister Eno also requested that I pay support to Brillian & 2 of her children. I couldn't say anything, while Barrister Eno told lies. There was much sniggering going on from the gallery, and a large support group had come to the Court to intimidate Kelvin & myself. The Judge decided that the Court will attend the house at Bobende for Brillian to remove her possessions, and that a ruling will be given on the cars & money after this. I am informed that both parties have to pay the Court 100,000cfa each for the Court to attend the house at Bobende. Barrister Eno stated that Brillian needs to keep the documents she took from the house to defend herself in this matter.
13/09/2001 - Day 4, Bobende. After meeting in town, 3 vehicles came to the compound at
Bobende. Present were the Judge and a female her brother Collins. For myself, present was Kelvin, Barrister Sone and Lawyers Mettugi & Mparko. The Judge then requested that Brillian remove her property from the house. With the assistance of Collins, she did this. After the property was placed on the balcony, Brillian's key was returned to me. The 3 vehicles then traveled to SGBC Bank where a meeting was held in the manager's office. The Judge requested to know if money had been removed from the joint account since the 5th of August. When the manager asked a staff member to bring the joint account file to the Office, she returned and placed a file with my new account details on the table. Barrister Eno quickly wrote down the account details, before the Manager asked the staff member to bring the correct file. (We later learnt that the Manager had been offered 1 million cfa to do this). I was in shock. The answer was "yes", money had been removed. I had already told the Court that on the 13th of August, after having a soldier point a gun at me, that I removed 10 million cfa and placed it in an account in my name. The Judge received a copy of the joint account statement and now must be aware that Barrister Eno had submitted a falsified document to the Court. A fraud of 3.5 million cfa. (I was now forced to return to the Bank withdraw the funds from the new account). I was told that I would be advised when the ruling was ready.
20/09/2001 - Day 5, Justice Mokwe's Chambers. The Ruling stated that I would retain the 4WD for my own security and that I be custodian of the money until the Court decides. We're hoping that the 2 taxis will be given back to the drivers in a couple of days, with the monies to be paid to the Court. At the next appearance testimony will begin. The Ruling also stated that the matter is to be accelerated.
27/09/2001 - Day 6, Adjourned. Justice Mokwe was bereaved and hadn't been able to return from the village due to heavy rains. When Counsels go to take a next date, Barrister Eno claims that he doesn't have a day available until December. Finally the decision is left for the Judge to make when he returns. Barrister Eno complained about me being a white man and correct procedure being followed.
04/10/2001 - Day 7, High Court. At 10.45am I entered the witness box and began to give my testimony. At 4pm the Judge halted proceedings for the day. The matter is to continue on the11th of October. I'd stood there speaking for 5 ¼ hours without a break and was very tired.
11/10/2001 - Day 8, Adjourned. After waiting for 4 hours for the matter to continue, Barrister Eno says that he is feeling sick and the matter is adjourned till the following day. That afternoon Barrister Eno attended a football match at the Buea stadium.
12/10/2001 - Day 9, High Court. At 11am I entered the witness box and stayed there until my testimony was finished at 4.15pm.I was very hungry and thirsty during the last couple of hours and was glad to finish, (A total of 11 ½ hours of testimony)
18/10/2001 - Day 10, Adjourned. Pupil Barrister Mbianyor informed the Court that Barrister Eno was bereaved and asked for a date to be taken. The 24th of October was agreed.
24/10/2001 - Day 11, High Court. I am cross-examined by Barrister Eno Charles Agbor for 3 hours. After 2 hours he is shuffling papers and not knowing what to ask, because each question he asks results in further information about the activities of Enow Brillian Ayuk coming out. After 3 hours the Judge adjourns the matter until the 6th November because a Minister is due in Buea.
06/11/2001 - Day 12, High Court. After a 3-hour wait, I spend another 2 hours in the witness box. Barrister Eno has failed to discredit my testimony in any way. (After 15 ½ hours in the witness box, my story has been told in detail). The 1st witness, "American" gives testimony for 1 hour before Barrister Eno decided that he wished to adjourn before cross examining the witness. The date of 14th November is agreed on.
14/11/2001 - Day 13, Adjourned. After a 3 ½ hour wait, I am informed that the matter has been adjourned till 16th November. There was no appearance from opposition Counsel.
16/11/2001 - Day 14, Adjourned. Pupil Barrister Mbianyor tells the Court that Barrister Eno is attending a criminal matter in Tiko, which is on its last date. Mbianyor also makes excuses about not appearing on the 14th, saying that they were at a swearing in ceremony. My Counsel pointed out to the Court that there were no criminal matters in Tiko today, and that Mbianyor is lying about the whereabouts of Barrister Eno. It was then discussed, accusations that Barrister Eno had made against the Court Registrar, saying that she had an interest in the matter. A date of the 20th November is set for the matter to continue.
20/11/2001 - Day 15, High Court. Witness "American" is cross-examined for 1 ½ hours, and again Barrister Eno fails to discredit any of the testimony. The 2nd witness, Gendarme Brigade Commander, Evaristus Ngong Bhumbi gives 1 hour of testimony. Barrister Eno fails again to discredit any of the testimony. When the Brigade Commander was finished, the matter was adjourned till 27th November.
27/11/2001 - Day 16, Adjourned. After a 3 hour wait, I am informed that the matter has been adjourned.
30/11/2001 - Day 17, Adjourned. We appeared at the Court at 10.15am, to find that the matter was adjourned, and Barrister Eno was leaving the premises. The Court apologized that the matter was so quickly adjourned, but said that they thought my Counsel was bereaved.
07/12/2001 - Day 18, Adjourned. At 11am, before the Court, Pupil Barrister Mbianyor stated that Barrister Eno was bereaved and he didn't know where Enow Brillian Ayuk was. The matter was adjourned to the 11th December.
11/12/2001 - Day 19, Adjourned. The Court didn't sit today because the Judges were having a meeting about transfers. The matter was given a date of 13th December.
13/12/2001 - Day 20, High Court. At 10.30am the matter started in the Court. My next witness gave testimony that on many occasions he'd procured Brillian's services as a prostitute for the seamen arriving at Sonara refinery. His information was too detailed to be refuted under cross-examination. Barrister Eno's cross-examination lasted 1 minute, as he stated that the witness was a liar. The next witness gave testimony for 1 hour, giving detailed descriptions of the activities of Brillian & her boyfriend Eugene Kankou. The witness was the best friend of Eugene Kankou. This witnesses testimony exposed the conspiracy by several people to steal my property. Barrister Eno was useless in his cross examination and said nothing other than to call the witness a liar. The 3rd witness for the day was Lawyer Mettugi, who was present in the Attorney General's office on the day that Brillian was detained, (20th August). Barrister Eno became very angry and kept making racist comments to the Court about white men. When Barrister Eno finished his cross-examination, a date was taken. Barrister Eno claimed that he needed 6 weeks off. I thought that the date taken was the 21st December and walked onto the Court balcony with Kelvin. The Court broke into an uproar with everyone on their feet yelling. Opposing Counsels were accusing each other of using Juju (Black Magic) on each other. It turned out that the date taken by the Court was the 31st of January. An incident then happened in the Court grounds, where Barrister Eno attempted to hit Kelvin & I with his 4WD in front of 20 witnesses. (Merry Xmas). A complaint was lodged at the Office of the Attorney General, over this incident. (See Main page - Complaint)
31/01/2002 - Day 21, Chambers of Justice Mokwe. 2 witnesses give testimony today, SGBC Bank & Titus Kono. Evidences handed to the court by the Assistant Bank Manager showed that falsified documents had been tendered to the court by Barrister Eno. The Assistant Bank manager was a hostile witness & his verbal testimony contained several obvious falsehoods. Titus Kono then gave testimony that implicated Enow Brillian Ayuk in death threats that had been made. Barrister Eno's cross examination went nowhere, though he stated that the whole death threat business was a fabrication. Titus Kono came across as a genuine & honest witness. (A letter from the Attorney General to the President of the High Court refuted Barrister Eno's allegation that the threats were a fabrication). At this time the Court was adjourned till the14th of February.
14/02/2002 - Day 22, High Court. At 10am we were called into the Court where the Judge complained to Barrister Eno about the delays being caused and the excuses given. My Counsel submitted a "Motion to Annul" to the Court. Barrister Eno had been served these papers 7 days previously, but refused that he had been served them. 2 witnesses were brought into the Court (Court Registrars) who both said that they witnessed the papers being given to Pupil Barrister Mbianyor. Pupil Barrister Mbianyor stated that he'd never received them. The Judge then spoke about Barrister Mbianyor claiming that yesterday Barrister Eno was in Court in Tiko and not available to appear at High Court and that this was a falsehood. Barrister Eno then erupted calling my Counsel a liar and then repeatedly accused the Judge of being corrupt, before storming out of the Court. A 3rd Lawyer for opposition Counsel stated that this matter could be taken to the Appeals Court. My Counsel then read the motion and requested that the taxis be returned to the drivers and the money be lodged at the court. A date for Ruling was given, 20th February. This matter is dealt with in detail in the Appeals Court Affidavits. (See Main page - Appeals Court)
20/02/2002 - Day 23, Adjourned. Barrister Eno made no appearance at the Court. We were informed that the Judge was bereaved and the matter had been adjourned till 1st March.
01/03/2002 - Day 24, Adjourned. We were informed that there was a Magistrates meeting on this day and the Court wouldn't sit. A date of 4th March was given for the matter to continue.
04/03/2002 - Day 25, Justice Mokwe's Chambers. Barrister Eno Charles Agbor has lodged a petition recusing the Judge and the matter goes to the Appeals Court on the 15th of March. Barrister Eno states that Enow Brillian Ayuk doesn't want Justice Mokwe to hear the matter because he is corrupt. Barrister Eno denied that he was the one with a problem with Justice Mokwe. It was then explained to Barrister Eno that the matter in the High Court should be completed first, and then taken to the Appeals Court. Barrister Eno stated that he was following the wishes of Enow Brillian Ayuk.
APPEALS COURT - South West Province
15/03/2002 - Day 26, Adjourned. I am advised that the President of the Court hasn't yet received the necessary paperwork, and the matter is adjourned till the 27th of March.
27/03/2002 - Day 27, Adjourned. I am informed that a submission from the Attorney General is yet to be received, and the matter is adjourned till 8th of April.
08/04/2002 - Day 28, Adjourned. Present in the Chambers of Madam Najeme (President of the Appeals Court) were 4 Judges & 12 Lawyers. Barrister Eno was not there. Pupil Barrister Mbianyor stated that Barrister Eno hadn't been seen for 2 days and he didn't know his whereabouts. The matter was then adjourned till the 12th of April.
12/04/2002 - Day 29, Adjourned. Again present in the President Chambers were 4 Judges & 12 Lawyers. Barrister Eno claimed that he had not received the Affidavit from Justice Mokwe. The Barrister representing Justice Mokwe stated that in front of all present on the 8th of April, Pupil Barrister Mbianyor had agreed that he had received the affidavit. No proof of service could be found and the matter was adjourned till the 22nd of April.
22/04/2002 - Day 30, Presidents Chambers. Over a 4 hour period all parties presented their case. Barrister Eno brought no witnesses and the matter was adjourned for Ruling on the 24th of May 2002.
24/05/2002 - Day 31, Adjourned. During a short hearing in Madam Najeme's Chambers, she informed me that the Ruling was not yet completed and it would be read on the 27th of May. In the days leading up to this I was reliably informed that the ruling was completed and would be handed down on this day. Present in the Chambers on this day was Ketuanze Jacob, (Deputy State Counsel, Limbe) with a large case file on this matter in his hands. (I should have realized what would happen next).
27/05/2002 - Day 32, President's Chambers. A lengthy Ruling is read supporting material from the Attorney General, Justice Mokwe & myself and stating that this procedure cannot be used to achieve the aims of delaying a case. The final paragraph of the then states that The President of the High Court is removed the matter and it is to begin at the start with a new Judge. People that are well versed on the matter go into shock for days. The matter is handed to a Junior Judge (Madam Chibili). The President rules that the matter is accelerated. (See Main page - Appeals Court Ruling)
High Court of Buea, Madam Chibili.
18/07/2002 - Day 33, Chambers. It took 6 weeks to get the matter to a point where a date was given. On this day at the request of my Counsel we were given 2 full days to hear testimony. The dates Of 31st of July & 1st of August were given.
31/07/2002 - Day 34, High Court. I was sworn in and began to give testimony from the witness box. After giving 3 minutes of testimony, I'm interrupted by Pupil Barrister Mbianyor causing a problem about the service of papers. Barrister Eno then appears and continues the argument and 30 minutes later Madam Chibili adjourns the Court to make a ruling. The Ruling is to be handed down on the 2nd of August. 2 days of Court time are thrown out after 30 minutes!
02/08/2002 - Day 35, Madam Chibili's Chambers. A ruling is given that Enow Brillian Ayuk has 7 days to reply to a motion that they received over 6 months ago. The Court sets a date of the 14th of August for the matter to continue.
14/08/2002 - Day 36, Madam Chibili's Chambers. This time I only got as far as standing up, before being told to sit down. Barrister Eno Charles Agbor brought up more argument over the previous Ruling of Madam Chibili. My Counsel asked for the Ruling to be made so that the matter could continue today. Madam Chibili Adjourned the Court for Ruling on the 23rd of August.
23/08/2002 - Day 37, Madam Chibili's Chambers. Madam Chibili reads a lengthy Ruling that is incongruous and adjourns the Court for the matter to continue on the 10th of September.
10/09/2002 - Day 38, Adjourned. I am informed by the Attorney General that Madam Chibili is in Bamenda and won't be attending the Court. A date is to be taken? I finally got a date of 2nd October.
02/10/2002 - Day 39, Adjourned. Madam Najeme (President of the Appeals Court) has recently died in London, so the Court doesn't sit today. We are given a date of the 16th of October for the matter to continue.
16/10/2002 - Day 40, Adjourned. In Madam Chibili's Chambers I'm told that the matter is again to be adjourned, due to funeral arrangements for Madam Najeme. Barrister Eno states that I am a murderer & a terrorist and he is afraid to be in the same room as me. Thoroughly exhausted by the whole affair, I request a lengthy adjournment to travel to Australia to regain my health and see my family. The matter is adjourned till 19th April 2003.
19/04/2003 - Day 41, ??????? |
