Cassation File No. 254986

Cassation File No. 254986

254986

• Date: Sene 27, 2016 E.C..
• Applicant: Dawunt Woreda Agriculture Office.
• Respondent: Ato Aseme Gide.
• Judges: Dr. Teferi Gebru, Endashaw Adane, Teshome Shiferaw, Wazimo Wasira, and Senayit Adnew.
• Summary of the Case: The Respondent sued the government office for failing to provide a replacement plot and compensation after his land was taken for a community pond project in 1997 E.C.. The office raised a statute of limitations (yirga) defense and argued the land was taken by agreement.
• Legal Rule: Government entities must fulfill obligations regarding land compensation and replacement plots as mandated by land use proclamations and constitutional rights to property.
• Reasoning: The lower courts found that the land was indeed taken and the promise of compensation was not fulfilled. The Cassation Division determined that the regional court’s decision requiring the office to pay compensation and provide a replacement plot contained no fundamental error of law.
• Ruling: The petition for cassation was rejected, affirming the regional court’s decision.