A Critical Analysis of the Application of the Maxim Quicquid Plantatur Solo, Solo Cedit Under Cameroonian Law
The IUP Law Review, Vol. VII, No. 3, July 2017, pp. 45-63
Posted: 7 Aug 2018
Date Written: 2017
Abstract
Land matters in Cameroon are governed by customary and statutory laws. The maxim quicquid plantatur solo, solo cedit, which is of Roman origin, applies under statutory and not customary land law. This paper investigates why the maxim does not apply under customary land law in Cameroon. The paper does so through a reading of records mainly from documentary and internet search. The data thus collected constitutes the sources from which the law is drawn, stated and analyzed in the light of the stated aim of the paper. The results inter alia identify that the maxim does not apply under customary law but applies under statutory land law in Cameroon. The said results also highlight the limitations and advantages of the maxim. The results are significant as they expose the gaps in customary land law, and the paper concludes with suggestions on where the law should go.
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