Enforcement of Foreign Judgments
Foreign Judgments in Ethiopia: A judgment rendered by a foreign court can, in principle, be enforced by Ethiopian courts only when the existence of an agreement between Ethiopia and the country of the court that rendered the judgment is confirmed. Exceptionally, it can also be enforced when the conditions stipulated under Article 458 of the Civil Procedure Code (reciprocity, competent court, respect for the right to defense, finality, and not being contrary to public order) are met. Even in the absence of a bilateral agreement, if the fulfillment of these conditions is confirmed, Ethiopian courts can accept and enforce the judgment. The court has the responsibility to verify these conditions based on concrete evidence. [Case File No. 161597]
Preliminary Objections
Handling of Objections: When various objections are raised against a claim, the court, after examining the preliminary objection and hearing the arguments of the other parties, must obtain evidence that will assist in making a decision, examine whether the objection is supported by appropriate and sufficient evidence, and issue a ruling. An objection can be accepted and the claim dismissed only when it is confirmed that the objection is supported by appropriate and sufficient evidence. [Source 22 (Case File No. 161780)]
Hearing and Judgment in Absentia in Criminal Cases
Setting Aside a Judgment in Absentia: An application to set aside a judgment rendered against a defendant in absentia and to have the case reheard is permitted only when the defendant proves that he/she did not receive the summons or that he/she or their lawyer were unable to appear due to force majeure. The prosecutor has the obligation to prove that the defendant received the court’s summons and failed to appear, and the court also has the responsibility to verify this. A presumption that a defendant was aware of a claim filed against him/her after being summoned by newspaper is taken only when it is confirmed that the summons was made in a newspaper with national circulation, not when the summons was made in a newspaper accessible only regionally. [Case File No. 173967]
Hearing in Absentia: According to Article 162(2) of the Criminal Procedure Code, a case can be heard in the absence of the defendant only in relation to serious crimes specifically listed in the law (crimes punishable by more than 12 years or serious crimes committed against the state economy). If the criminal law under which the defendant is charged contains alternative penalties (simple imprisonment or rigorous imprisonment of less than 12 years), the court should not hear the case in the absence of the defendant merely by presuming that it could be punishable by a severe penalty (rigorous imprisonment of more than 12 years). Rather, in this situation, instead of violating the defendant’s right to appear before the court and argue, the court proceedings should not take place until the defendant is found. [Source 29 (Case File No. 179416)]
Extra Contractual Liability
Damage from High-Voltage Power Line: A person who causes damage to another person by installing a high-voltage power line is liable for the damage. Even if the person who installed the power line is not at fault, they are liable as the owner of the property. To be relieved of liability, they must prove, according to Civil Code Article 2086(2), that the damage occurred due to the fault of the injured party. The person who installed the power line is liable for their own line, not for lines installed by other people inside their homes. [Source 24 (Case File No. 175142)]
Liability of Building Owner: If a building owner negligently violates the prohibition stipulated in Regulation No. 49/1991, Article 47/2 (regarding not constructing under a high-voltage power line) and causes damage to another person, they shall be liable for the damage caused, according to Civil Code Articles 2035/1, 2028, and 2029. According to Civil Code Article 2069/1, a person who causes an accident to another person by installing a high-voltage power line is liable for the damage caused. [Source 32 (Case File No. 184039)]
Employee Right: An employee who sustains injury has the right to file a civil suit against the third party who caused the work-related injury and claim compensation; although the Labour Proclamation allows for filing a suit against the employer, this does not preclude the right to sue the third party. [Source 32 (Case File No. 184039)]