Weight of Evidence of Commissioner’s Report: Cassation File No. 155771

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

Representation (Power of Attorney): Cassation File No. 119446

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

Indispensable Party: Cassation File No. 119930

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

Conflict of Jurisdiction: Cassation File No. 132603

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

Justiciable Matters: Cassation File No. 120114

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

Civil Liability Arising from a Criminal Conviction: Cassation File No. 151883

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

Non-appearance of Litigants, Closing and Opening of a File: Cassation File No. 58487

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

C181 – Private Employment Agencies Convention, 1997 (No. 181)

Convention concerning Private Employment Agencies (Entry into force: 10 May 2000) Adoption: Geneva, 85th ILC session (19 Jun 1997) Preamble The General Conference of the International Labour Organization, Having been convened at Geneva by the Governing Body of the International Labour Office, and having met in its Eighty-fifth Session on 3 June 1997, and Noting … Read more

C116 – Final Articles Revision Convention, 1961 (No. 116)

Convention concerning the Partial Revision of the Conventions Adopted by the General Conference of the International Labour Organisation at its First Thirty-two Sessions for the Purpose of Standardising the Provisions regarding the Preparation of Reports by the Governing Body of the International Labour Office on the Working of Conventions (Entry into force: 05 Feb 1962)Adoption: … Read more

C106 – Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106)

Convention concerning Weekly Rest in Commerce and Offices (Entry into force: 04 Mar 1959) Adoption: Geneva, 40th ILC session (26 Jun 1957) Preamble The General Conference of the International Labour Organisation, Having been convened at Geneva by the Governing Body of the International Labour Office, and having met in its Fortieth Session on 5 June … Read more