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Facts in issue are necessary by law for the plaintiff in a civil suit to establish his claim and those that the defendant must prove to make out the defense, set off and those which by pleadings are in dispute between the parties

Section 2 of the evidence ordinance defines a fact in issue as to any fact from which either by  itself or in connection with other facts, the existence or nonexistence, nature or extent of any right or liability or disability or disability asserted or denied in any suit or proceeding necessarily followed

A fact in issue seems to mean any fact which

A party must prove to establish his case or defense

Affects the credibility of any witness or the admissibility of any piece of evidence

The question warrants me to look at the facts of the case of the University of Buea and the Bulu Community and identify the fact in issue; the fact in issue will be identified in the subsequent paragraphs

Fact in issue

The fact in issue in the case of the University of Buea and the Bulu Community is determined by two major factors. These are The law that regulates that particular dispute i.e. the substantive law and the primary court processes of the parties. This fact in issue includes:

  • Cancellation of land titles: “Cancellation of fraudulent land title on UB Bulu Land,” read the subject of a press release signed by Professor Ngomo Horace Manga, Vice-Chancellor of the University of Buea and addressed to the university community and the general public. According VCs communiqué provides“
  • The judgment of the supreme court: The Vice-Chancellor of the University of Buea hereby announces to the University Community and the general public that by Judgment No. 110 / FD / 2020 of 2nd September 2020, the Administrative Bench of the Supreme Court of Cameroon has canceled Judgment No. SWAC / LSP / 003/2019 of the South West Administrative Court granting Parcel of A2 (of land) that stretches from St. Peter and Paul Catholic Church to the Bulu Village Traditional Council and Others.
  • The retrocession of the disputed land to the Bulu Community: Minister Henri Eyebe Ayisi stated that “Based on the recommendations of the commission chaired by the Senior Divisional Officer of Fako in September 2019 settling the land dispute mentioned supra,” the minister wrote, “I have the honor to inform you that, the Senior Divisional Officer for Fako has been requested to reduce land certificates 02694 / Fako and 02695 / Fako established on behalf of the University of Buea, to retrocede the both disputed parcels to the Bulu Community and to find another site which will be attributed in compensation to the University of Buea. ”
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