The Legal Effect of Relief Beyond Sought by the Parties: Cassation Case No. 252647
Ethiopia: Cassation Court Rules Against Granting Relief Beyond Party’s Request in Land Dispute
Explore Cassation Case No. 252647, where the Federal Supreme Court Cassation Bench addressed the principle of ultra petita (judging beyond what was sought by the parties). In a land dispute, lower appellate courts ordered the applicants to vacate 27 square meters, despite the respondent only requesting vacation of 1.30 meters by 2 meters. The Cassation Court reversed this, emphasizing that judgments must be limited to the relief explicitly requested by the parties, citing Civil Procedure Code Article 182/2 and previous cassation interpretations, thereby correcting a fundamental error of law.
The Legal Effect of Relief Beyond Sought by the Parties: Cassation Case No. 252647 Read Post »