Convenience, Cassation File No. 109383, Volume 17
Local (Territorial) jurisdiction is primarily based on the place where the cause of action arose, the convenience for the litigants, and similar conditions; whereas material jurisdiction is based on the content of the subject matter of the dispute, the weight and amount of the rights and interests of the litigants, the complexity level of the case, and similar points. Consequently, in the system of case management, high attention is accorded to material jurisdiction. When the provisions of Articles 9 and 10 of the Civil Procedure Code are read in conjunction, they enable one to realize that the law accords greater attention to material jurisdiction than to territorial jurisdiction.
Civil Procedure Code Art. 9, 10
Region Where the Federal High Court is Not Established, Cassation File No. 205206
Even if a Federal High Court is not established in a region, federal matters falling under the territorial jurisdiction of the region must be submitted to the Regional Supreme Court, not to the Federal High Court.
Federal High Court Establishment Proclamation No. 322/2003; Federal Courts Proclamation No. 25/1996
Compensation for Damage, Cassation File No. 48018, Volume 10
In principle, Article 27 Sub-Article 1 of the Civil Procedure Code stipulates that a suit instituted to obtain compensation for damage caused to persons or movable property must be instituted in the court having material jurisdiction in the place where the damage occurred. This is because it is possible to easily obtain and present evidence regarding the damage sustained and matters related to the damage in the area where the damage occurred. However, where Article 27 Sub-Article 1 of the Civil Procedure Code does not prevent the proper achievement of the objective of the law stated above, a suit for compensation for damage caused to a person or movable property may be instituted in the court having jurisdiction where the defendant resides.
Civil Procedure Code Art. 27(1)
Succession, Cassation File No. 34076, Volume 7
Regarding judicial jurisdiction determined by territorial limits, the provision under Article 23, among the provisions in Chapter 3 of Book I of the Procedure Code, determines the place where a suit instituted on the ground of succession is to be heard. It indicates that the suit must be instituted, or is instituted, in the court located at the place where the succession was opened. If the law is this clear, the fact that the properties constituting the estate are located in different places is not a matter to be taken into consideration.
Civil Procedure Code Art. 23
Marriage, Cassation File No. 209143
Where a husband and wife, who were married under a Regional Family Law and were living within the region, changed their place of residence by agreement to another region or administration and started living there, even if one of the spouses returns to their former place of residence, the court located at the place where they changed their residence by agreement has the local (territorial) judicial jurisdiction to hear and decide on the request for divorce.
Although the power to interpret laws follows the power to enact laws, it is not to be presumed that the power to interpret laws enacted by the House of Peoples’ Representatives belongs solely to Federal Courts, nor that the power to adjudicate on laws enacted by Regional Councils belongs solely to Regional Courts.
While the Family Law of the Amhara National Regional State was enacted by the Regional Council, and the power to interpret this law belongs to the Amhara Region Courts, after the husband and wife established their residence in Addis Ababa City pursuant to their freedom to establish their place of residence under Article 32(1) of the Constitution and Article 65 of the Regional Family Law Proclamation No. 79/2003, there is no legal ground to claim that the case must be heard by a competent Amhara Region Court solely because the law relevant to the dispute is the Family Law of the Amhara National Regional State.
FDRE Constitution Article 32(1); Amhara Region Revised Family Law Proclamation No. 79/2003 Article 65