Substantive Framework and Objective of Cross Objections In the architecture of Ethiopian appellate litigation, the concept of a cross-appeal, formally termed a cross-objection under Article 340 of the Civil Procedure Code, represents a vital procedural mechanism that allows a respondent to challenge specific findings or the operative part of a decree within an existing appeal … Read more
Application to set aside an Injunction Cassation File No. 182044 / 220980 Incidental Proceeding (Injunction): A decision rendered on an application to set aside an injunction pursuant to Article 153 of the Civil Procedure Code does not constitute a final judgment on the merits of the case. Since such a decision does not provide a … Read more
Date: March 9, 2016 (Yekatit 30, 2008 E.C.) Summary of the Case: In a suit filed by the 1st and 2nd Respondents against the 3rd Respondent for damages following a fatal car accident, the 3rd Respondent moved to join the Applicant (Ethiopian Insurance Corporation) as a third party. The Applicant was summoned to file a … Read more
Date: August 6, 2011 (Hamle 30, 2011 E.C.) Summary of the Case: The case began in the Bako Tibe District Court of the Oromia National Regional State. An ex-parte judgment was rendered against the Applicant after he failed to file an answer. The Applicant applied to set aside the judgment, providing medical evidence that he … Read more
Date: June 7, 2019 (Ginbot 30, 2011 E.C.) Summary of the Case: The Respondents filed a “removal of nuisance” (interdict) suit against the Applicant in the Federal First Instance Court, alleging that the Applicant refused to return the church’s old seal and renewed service license despite no longer being in leadership. Because the Applicant failed … Read more
Date: July 2, 2019 (Sene 25, 2011 E.C.) Summary of the Case: The dispute began in the Federal First Instance Court, where the Respondents (Plaintiffs) sued the Applicant (Defendant) for compensation and various payments related to unlawful termination under labor law. The Applicant filed a statement of defense asserting the termination was lawful. However, the … Read more
Date: February 2, 2022 (Tir 25, 2014 E.C.) Summary of the Case: The dispute originated in the Wegede District Court of the Amhara National Regional State. The current Respondent was the Plaintiff, and the current Applicant was the Defendant. Although the Applicant had filed a written preliminary objection and a statement of defense, he failed … Read more
Date: November 4, 2020 (Tikimt 25, 2013 E.C.) Summary of the Case: The dispute began in the Federal First Instance Court, where the current Applicant was the Defendant. After an order was issued to hear the case in his absence, the Applicant filed an application on May 15, 2017 (Ginbot 07, 2009 E.C.) to set … Read more
Date: Tikimt 21, 2009 E.C. Summary of the Case: While a default judgment rendered against the applicant (judgment debtor) was set aside pursuant to Civ. Proc. Code Art. 78 and the main litigation was continuing, the applicant requested the release of their vehicle, which had been attached due to the execution of the judgment. The … Read more
Date: Ginbot 3, 2015 E.C. Summary of the Case: The applicant (defendant) filed a petition to have a default judgment set aside and to enter into the litigation, claiming that the court summons in a marital property division suit did not properly reach them, resulting in a decision rendered in their absence. The respondent, on … Read more