Decisions of the Federal Supreme Court Cassation Division, Volume 28
This volume represents the ongoing fulfillment of the judiciary’s statutory obligation under Article 10(3) of Proclamation No. 1234/2017 to disseminate decisions that contain binding legal interpretations. Over the course of twenty-one years, the Federal Supreme Court has published binding decisions across 27 volumes, with Volume 28 serving as the latest authoritative addition to this corpus of law. The primary objective of this publication is to provide legal professionals, judges, and the public with access to the “Law of the Land,” thereby ensuring the uniform application of legal principles across all levels of the court hierarchy.
The substantive and procedural breadth of Volume 28 covers several critical domains of Ethiopian law:
Succession and Inheritance Law: The volume provides essential clarity on the partition of estates, ruling in Case No. 222271 that where heirs cannot agree on a division in kind, the property must be valued at its market value (Market Value) through auction rather than relying on historical book values (Book Value). Furthermore, it establishes in Case No. 217691 that the five-year statute of limitation for contesting the validity of a will is an absolute (absolute) period, regardless of whether the heir was personally notified of the will’s reading. It also reaffirms the principle in Case No. 113247 that heirs who received lifetime gifts from the deceased must return those assets to the estate or account for their value if they wish to participate in the final partition.
Contractual and Property Jurisprudence: The Cassation Division addresses the formal requirements for transactions involving immovable property, ruling in Case No. 173623 that any compromise agreement (compromise) intended to transfer the ownership of immovable property must be executed in writing and registered before an authorized body to have legal effect. In the realm of customary land use, Case No. 197998 establishes that land gifts made for the purpose of “gojo mewucha” (establishing a new household) should be recognized as legally valid, taking into account community customs and values, even if they lack strict formal gift contract requirements. Additionally, Case No. 217447 clarifies that unauthorized construction on government-administered land does not confer ownership rights upon the builder.
Civil Procedure and Jurisdiction: The sources delineate the boundaries of regular court jurisdiction, particularly regarding financial institutions. In Case No. 127995, the court ruled that regular courts lack the jurisdiction to annul or stay bank foreclosure proceedings conducted under Proclamation No. 97/90, as the power to sell collateral resides with the bank, though debtors may still sue for damages resulting from procedural irregularities. The volume also clarifies the handling of Private International Law matters, noting in Case No. 200482 that cases involving foreign elements or the conflict of laws must be initiated in the Federal High Court.
Family and Criminal Law: Volume 28 emphasizes that in all custody disputes, the “best interests of the child” (the best interests of the child) remains the paramount consideration as mandated by the Constitution and subsidiary family laws. In criminal matters, specifically Case No. 197540, the court set a standard for evidence assessment in corruption cases, ruling that the testimony of former accomplices whose charges were dropped mid-trial to testify for the prosecution must be scrutinized heavily due to potential pressure and bias.