Date: Sene 28, 2015 E.C. Brief Summary of the Case: While the applicant had filed a petition to set aside a default judgment rendered in their absence, the judge handling the case recused themselves upon the applicant’s request. However, the other bench to which the file was directed closed the file without effect, without examining … Read more
Date: Hamle 25, 2015 E.C. Brief Summary of the Case: After a proceeding heard in the absence of the applicant was quashed by the Cassation Court and remanded to the lower court to be heard, the lower court heard witnesses and rendered a decision without sending a summons to the applicant, on the assumption that … Read more
Date: Meskerem 28, 2010 E.C. Summary of Material Facts: The case concerns the handover of a house, and it involves an objection to the court’s decision rendered by considering the additional evidence (rent-related evidence and a photocopy of Form 000) submitted by the applicant (Public Prosecutor), which the court itself had accepted and made part … Read more
Date: Tikimt 30, 2011 E.C. Summary of Material Facts: The case concerns a litigation for the removal of interference. The applicant (plaintiff) submitted a petition objecting to the lower court’s decision that no interference occurred, which was based solely on a report investigated by a substitute judge and local elders, thereby violating his right to … Read more
Date: Sene 22, 2008 E.C. Key Legal Interpretation: When a legal entity (e.g., a bank) submits a petition to a court, it must be represented by a natural person granted full power of attorney in accordance with the law. A petition submitted by a branch manager without the power of attorney does not enable one … Read more
Date: Miyazya 24, 2009 E.C. Key Legal Interpretation: An entity or party whose rights and interests are affected in a suit must necessarily be a party to the litigation (pursuant to Civil Procedure Code [Civ. Pro. C.] Arts. 39(1) and 40(2)). The Cassation Bench has given a binding legal interpretation that a decision rendered without … Read more
Date: Sene 28, 2009 E.C. Key Legal Interpretation: Pursuant to Article 42(1) of Proclamation No. 361/2003, when a jurisdictional conflict arises between Addis Ababa City Courts and Federal Courts, the matter shall be decided by the Federal Supreme Court. Although the jurisdiction to decide disputes arising over houses owned by the City Administration is given … Read more
Date: Hidar 07, 2009 E.C. Key Legal Interpretation: Any person has the constitutional right to bring a justiciable matter to a court of law (pursuant to Article 37, Sub-Article 1 of the FDRE Constitution). A judicial claim for the removal of interference is a justiciable matter. Cassation Court’s Reasoning: The applicants’ suit is a judicial … Read more
A dispute initiated for the return of compensation money alleged to have been paid inappropriately. The respondent (Bishoftu City Administration) filed a suit against the applicants (former leaders of the Girba Kebele Farmers’ Association), alleging that during their tenure, they inappropriately took 608,266.40 Birr as compensation for land taken for development. The applicants argued that … Read more
Date: Megabit 22, 2003 E.C. Summary of the Case: The origin of the dispute is a civil suit. On the scheduled date for the hearing, the plaintiff (current applicant) failed to appear, and the defendant (current respondent) was dismissed from the suit pursuant to Article 73 of the Federal Civil Procedure Code. However, the plaintiff … Read more