Cassation File No. 250987

Cassation File No. 250987

250987

• Date: Sene 25, 2016 E.C..
• Applicant: W/ro Tirfe Mengesha.
• Respondent: W/ro Tirunesh Bekele.
• Judges: Etmet Assefa, Dejene Ayansa, Nuredin Kedir, Melaku Kassaye, and Habtamu Erk-yihun.
• Summary of the Case: Heirs contested the partition of a house left by their mother. The regional courts ordered a sale by public auction because the plot size made physical partition difficult. The Applicant, who is elderly, disabled, and had resided in the house long-term, sought the right to retain her portion.
• Legal Rule: Under Civil Code Art. 1172, heirs have the right to request partition. While sale is the default if partition is impossible, courts must seek to preserve the co-heirs’ ownership rights under Constitution Art. 40 if physical adjustments or access can be arranged administratively to allow co-use.
• Reasoning: The lower courts erred by focusing only on the “impossibility” of partition without investigating whether the Applicant could remain in her specific portion through administrative access arrangements.
• Ruling: The order for auction was reversed; the case was remanded to the First Instance Court to determine if the Applicant can stay in her portion by arranging a dedicated entrance/exit.