Cassation File No. 251702

Cassation File No. 251702

251702

• Date: Hamle 26, 2016 E.C..
• Applicants: Ato Biniyam Tamene et al..
• Respondent: W/ro Konjit Nuru.
• Judges: Etmet Assefa, Dejene Ayansa, Nuredin Kedir, Melaku Kassaye, and Habtamu Erk-yihun.
• Summary of the Case: During a succession proceeding, the Respondent claimed a spouse’s share of the estate based on a customary marriage contract. The Applicants (heirs) contested the validity of the contract, alleging that the decedent’s signature was forged. The lower courts accepted the marriage based solely on witness testimony.
• Legal Rule: Under Civil Code Article 2008 and established cassation precedent (File No. 114553), when a signature on a private document is contested, it is mandatory to verify the signature through forensic/scientific analysis.
• Reasoning: Scientific evidence carries higher probative value in signature disputes than witness memory. By ignoring the Applicants’ request for a forensic examination, the lower courts committed a fundamental error of evidence law.
• Ruling: The judgment was reversed; the case was remanded for forensic signature verification.