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 of the record, as not having been submitted.
Key Legal Interpretation:
Error in Litigation Management and Evaluation of Evidence: Courts must properly investigate the evidence submitted pursuant to Civil Procedure Code Article 138 and decide by analyzing in detail the reasons for accepting or rejecting them. What the court itself accepted and made part of the record
A decision rendered by courts or other bodies vested with judicial power without following fundamental judicial procedures, without framing the issues that ought to be framed, without ensuring that the litigating party bearing the burden of proof properly discharges such burden, and without investigating the material facts that ought to be investigated, is a decision wherein a fundamental error of law has been committed. Article 138 of the Civil Procedure Code instructs that courts must properly examine the submitted evidence and render a decision by analyzing in detail the reasons for accepting or rejecting it, and this Cassation Bench has strictly ordered the lower court to follow this same procedural provision of law in its guiding order given under File No. 113427.