Civil Procedure Code > BOOK III. GENERAL 6

CHAPTER 7. MISCELANEOUS PROVISIONS

PRAGRAPH 1. TIME-LIMITS AND ADJOURMENTS

Art. 192- Fixing and calculation of time-limit

(1) The period of time for the doing of anything which need or may be done in relation to proceedings in court shall, if not fixed by law, be fixed by the court having regard to all the circumstances of the case

(2) Unless otherwise expressly provided, a time-limit fixed by law may neither be shortened nor extended.

(3) In calculating a time-limit, whether fixed by law or by the court the provisions of Art. 1848 Civil Code shall apply.

Art. 193- Observance of time-limit

(1) A time-limit shall be deemed to be observed where the purpose for which such time-limit has been fixed is fulfilled prior to the expiry thereof.

(2) Where a dispute arises as to the observance of a time-limit, the party who alleges that such time-limit has been observed shall prove his allegation,

(3) For the purpose of sub-art, (2), official entries, receipts or stamps shall be conclusive unless they are proved to be inaccurate or forged.

Art. 194- Extension of time-limit

(1) A time-limit fixed by the court may for good cause be extended by such court upon an application to this effect being made prior to the expiry of such time-limit.

(2) Save in exceptional circumstances, the same time-limit may not be extended more than twice.

Art. 195- Lateness

Without prejudice to the provisions of Art. 196, any which ought to have, but has not been done prior to the expiry of a time-limit may not be done thereafter and, if done thereafter, shall be of no effect.

Art. 196- Fresh time-limit

(1) Anything which ought to have, but has not been done prior to the expiry of a time-limit, may be done thereafter where the court fixes a fresh time-limit upon an application being made to this effect.

(2) A fresh, time-limit may not be fixed under sub-art. (1) unless:

(a) the applicant satisfies the court that he was prevented by circumstances beyond his control from observing the time limit; and

(b) the application is made within fifteen days of the disappearance of such circumstances.

(3), Afresh time-limit may not be fixed where an application alleges mistake forgetfulness burden of business or similar circumstances not amounting to force majeure.

Art. 197- Court may grant time and adjourn hearing

(1) The court may, if sufficient cause is shown, at any stage of the suit grant time to the parties or to any of them and adjourn the hearing of the suit for such time as is necessary to enable the purpose for which the adjournment is granted to be carried out.

(2) The hearing shall be adjourned where the making of the decision is conditional upon the completion of other proceedings, civil or criminal.

(3) On adjourning the hearing the court shall fix a day for the further hearing of the suit and may make such order as it thinks fit with respect to the costs occasioned by the adjournment:

Provided that, when the hearing of evidence has once begun, the hearing of the suit and make such order as it thinks fit within respect to the costs occasioned by the adjournment.

Provided that, when the hearing, of evidence has once begun, the hearing of the suit shall, as far as possible, be continued from day to day until all the witness in attendance have been examined.

(4) No adjournment shall be granted when the pleaders of the parties fail to appear.

(5) Where a hearing has been adjourned sine die, the court shall issue new summonses to the parties and the witnesses.

Art. 198- Effect of adjournment

(1) On adjourning the hearing, the court shall make such order as is necessary to ensure that the purpose for which the adjournment was granted is carried out.

(2) For so long as proceedings are suspended, time-limits prescribed by law or fixed by the court shall not run.

Provided that such suspension shall be deemed not to have, taken place if, due to the claimant not having diligently pursued his claim in the court, a case remained dormant for a period of two years.

Art. 199- Purpose of adjournment not carried out

(1) Where the purpose for which the adjournment was granted has not been carried out for a reason attributable to the default of either party, the court may, notwithstanding such failure, proceed to decide the suit immediately on the procesdings being resumed.

(2) Where the purposes for which the adjournment was granted has not been carried out for a reason not attributable to the default of either party, a further adjournment shall be granted.

PARAGRAPH 2. SECURITY FOR COSTS

Art. 200- When security for costs may be required from plaintiff

(1) At any stage of a suit, the court may, either of its own motion or on the application of any defendant, order the plaintiff, for reasons to be recorded, to give within the time fixed by it security for the payment of all cost incurred and likely to be incurred by any defendant.

(2) An order under sub-art. (1) shall be made whenever it appears to the court that a sole plaintiff is, or if there are more plaintiffs than one that all the plaintiffs are, residing out of Ethiopia and that such plaintiff does not posses or that no one of such plaintiffs possess an sufficient immovable property within Ethiopia other than the property in suit.

(3) Whosoever is about to leave Ethiopia under such circumstances as to afford reasonable probability that he will not be forthcoming whenever he may he called to pay costs shall be deemed to be residing out of Ethiopia within the meaning of sub-art. (2)

Art. 201- Effect of failure to furnish security

(1) . Where security for costs is not furnished within the time fixed the court shall make an order dismissing the suit unless the plaintiff or plaintiffs are permitted to withdraw there form.

(2) Where a suit is dismissed under sub-art. (1), the plaintiff may, within one month of the date of dismissal, apply for an order to set the dismissal aside, and if it is proved to the satisfaction of the court that he was prevented by any sufficient cause from furnishing the security within the time allowed, the court shall set aside the dismissal up on such terms as to security costs or otherwise a thinks fit, and shall appoint a day for proceeding with the suit.

(3) The dismissal shall not be set aside unless notice of such application has been served on the defendant.

Art 202. When security for costs may be required from appellant.

(1) An Appellate Court may in its discretion, either before the respondent is called upon to appear and answer or afterwards on the application of the respondent, require from the appellant security for the costs of the appeal, or of the original suit, or of both.

(2) An order under sub-art, (1) shall be made where the appellant is residing our of Ethiopia and is not possessed of any sufficient immovable property within Ethiopia other than the property, if any, to which the appeal relates.

(3) Where such security is not furnished within such time as the court orders, the court shall dismiss the appeal and the provisions of Art. 201 (2) shall apply by analogy.

PARAGRAPH 3. AFFIDAVITS

Art. 203- Power to order any point to be proved by affidavit

(1) The court may at any time for sufficient reason order that any particular fact or facts be proved by affidavit, or that the affidavit of any witness be read at the hearing, on such conditions as it thinks reasonable.

(2) Where it appears to the court that either party bona fide desires the production of a witness for cross-examination, and that such witness can be produced, no order under sub-art. (1) shall be made

Art. 204- Attendance of deponent

(1) Upon any application evidence may be given by affidavit, but the court may, at the instance of either party, order the attendance for cross examination of the deponent.

(2) Such attendance shall be in court, unless the court otherwise directs.

Art. 205- Matters to which affidavits shall be confined

(1) Affidavits shall be confined to such facts as the deponent is able of his own knowledge to prove, except on interlocutory applications, on which statement of his belief may be admitted if the grounds thereof are stated.

(2) The relief asked for on the grounds mentioned in the affidavit shall be stated in an application to which such affidavit shall be attached.

Extracts from documents,shall be paid by the party filling the same.

Art. 206- Oath by whom administered

In the case of any affidavit under this Code, the oath or affirmation to the deponent may be administered by any court or judge or any other person authorized by virtue of the office or appointed by a court in this behalf.

PARAGRAPH 4. EFFECT OF NON-COMPLIANCE

Art. 207- Principle

Unless otherwise expressly provided by law or directed by the court, where irregularities arise from non-compliance with any provision of this Code or regulations made thereunder, the court, may of its own motion or on the application of either party, set aside such proceedings either wholly or in part as irregular, or amend them or make, on such terms ass it thinks fit, such order as may be appropriate.

Art. 208- Correction of mistakes

The court may at any time of is own motion or on the application of either party correct any clerical or arithmetical mistakes in any summons, judgment, decree or order, or any errors arising therein form any accidental slip or omission, and such mistakes or errors shall not be deemed to be irregularities within the meaning of Art, 207.

Art. 209- Application to set aside irregular proceedings

(1) Any party may apply to the court to set aside all or part of the proceedings ass irregular.

(2) Where the application proceeds upon several grounds, they shall all be stated together.

(3) Without prejudice to the provisions of Art 211 (1), the application shall be made at the time when preliminary objections are taken or as soon thereafter as the applicant has knowledge of the irregularity.

Art. 210- Decision on application

(1) Where the court is satisfied that:

(a) an irregularity has occurred which affects the issue to be decided and has prejudiced or is likely to prejudice the applicant; and

(b) the applicant has not taken any fresh step in the proceedings after knowledge of the irregularity or has taken such a step under protest, I shall record a reasoned order allowing the application and make in accordance with Art. 207 such order as it thinks fit:

Provided that the proceedings shall not be set aside wholly or in part unless the irregularity can not be otherwise remedied, and provided further that, where the proceedings are set aside in part, any step taken in the proceedings prior to the occurrence of the irregularity shall not be affected.

(2) Where the court considers that the conditions laid down in sub-art, (1) are not fulfilled, it shall record a reasoned order dismissing the application and the proceedings shall continue as though such application had not been made.

Art. 211- Appeal

(1) No irregularity other than one arising form an alleged want of material jurisdiction or one alleged in a judgment or decree may be taken as a ground of appeal unless an application was made under Art 209.

(2) Notwithstanding the provisions of sub-art (1), and appellate Court may at any time of its own motion correct any irregularity having occurred in the proceedings in which the judgment appealed from was given:

Provided that, where the irregularity was such as to prevent a valid judgment from being given, the proceedings in which such judgment was given shall be quashed and the Appellate Court shall the retrial of the case.

Art. 212- Validation of proceedings

No proceedings in which an irregularity has occurred shall be void where no appeal is made against the judgment given in such proceedings or where such judgment is confirmed by the Appellate Court.