Local Jurisdiciton | GOALGOOLE | Because you need Information for your goals !
7023 Bole Kifle Ketema, Addis Ababa, Ethiopia
0116616179/85 mcc@ethionet.et

Local Jurisdiciton

CHAPTER 3. LOCAL JURISDICTION

Art. 19 – Principle

(1)    Without prejudice to the provisions of the following Articles and to such special places of jurisdiction as may be provided for by any law, every suit shall be instituted in the court of the place where the defendant actually resides or carries on business or personally works for gain.
(2)    A suit against joint defendants may be instituted in the court of any of the places where any of the defendants resides or carries on business or personally works for gain.

Art. 20.- Defendant residing abroad

(1)    Wee the defendant resides, carries on business, or personally works for gain abroad, the suit shall be instituted in such court in Ethiopia as the plaintiff may choose, unless it relates to immovable property which the defendant owns in Ethiopia, in which case the suit be instituted in the court of the place where such property is situate.
(2)    Where the defendant is a foreigner not residing, carrying on business or personally working for gain in Ethiopia but he owns movable or immovable property in Ethiopia the suit may be instituted in the court of the place where such property is situate.

Art. 21- Suits against the State

Suits against the State or a Government department or agency may in the discretion of the plaintiff be instituted in the court of the place where:
(a)    the plaintiff resides, carries on business or personally works for gain;
(b)    the contract to which the suit relates was made or was to be executed; or
(c)    the act giving rise to liability occurred.

Art. 22- Suit against body corporate

(1)    Suits against a business organization shall be instituted in the court of the place where the head office or branch against which the suit is made is situate.
(2)    Suit against an association committee, trust or endowment shall be instituted in the court of the place where such association committee, trust or endowment was formed or, where such association committee, trust or endowment requires by law to be registered, at such place of registration.
(3)    Suits  regarding  the liability of an officer of a body corporate may be instituted in accordance with the provisions of this Article or those of Art. 27 (1)

Art. 23- Suits regarding successions

Suits regarding a succession which is being liquidated shall be instituted in the court of the place where the succession was opened.

Art. 24- Suits regarding contracts

(1)    Suits regarding contracts may in the discretion of the plaintiff be instituted in the court of the place where the contract was made or was to be executed, unless some other place is mentioned in the contract.
(2)    Suits regarding a contract of carriage shall be instituted in accordance with the provisions of Art. 208 Maritime Code or Art. 647 Commercial Code, as the case may be.
(3)    Suits regarding a contract of insurance may be instituted in the court of the place where the head office of the insurance company concerned is situate or registered in Ethiopia or where the objects insured is situate.
(4)    Suits regarding pledge, deposit or bailment may be instituted in the court of the place where the property which is the subject -matter of the suit is situate.

Art. 25- Suits regarding immovable property

(1)    Notwithstanding any provision to the country, other than Art. 31.suits for:
(a)    the recovery of immovable property with or without rent or mesne profits;
(b)    the partition of immovable property;
(c)    the determination of any other right to, or interest in, immovable property; or
(d)    compensation for wrong to immovable property,
shall be instituted in the court of the place where such property is situate.
(2) Where in a suit to obtain relief regarding, or compensation for wrong to immovable property held by or on behalf of the defendant, the relief sought can be entirely obtained through his personal obedience, such suit may be instituted either in the court of the place where such property is situate or in accordance with the provisions of Art. 19.

Art. 26- Immovable situate within jurisdiction of different courts

(1)    A suit regarding immovable property situated within the jurisdiction of different courts may be instituted in any court within the local limits of whose jurisdiction any portion of such property is situate.
(2)    Where it is alleged to be uncertain within the local limits of the jurisdiction of which of several courts any immovable property is situate, any of those courts may, if satisfied that there is ground for the alleged uncertainty, record a statement to that effect and thereupon try any suit regarding such property and its decree shall have the same effect as if the property where situate within the local limits of its jurisdiction.
(3)    The provisions of this Article shall not apply unless, in respect of the subject-matter of the suit, the entire claim falls within the material jurisdiction of such court.

Art. 27- Suits regarding wrong to persons or movables

(1)    Suits for compensation for wrong done to persons to movable property may be instituted in the court of the place where such wrong was done or in accordance with the provisions of Art. 19.
(2)    Suits regarding collisions at sea shall be instituted in accordance with the provisions of Art. 237 Maritime Code.
Art. 28- Suits regarding bankruptcy
(1)    Suits regarding bankruptcy shall be instituted in the division of the High Court on circuit in the Teklay Guezat in which the principal place of business of the bankrupt is situate.

Art. 29- Several causes of action

Where a suit is based upon several causes of action arising in different places, the suit may be instituted in any of the courts having jurisdiction by reason of one of such causes of action.

Art. 30- Accessory claim and counter-claim

(1)    An accessory claim or a counter-claim shall be filed in the court having jurisdiction to try the principal claim where such court has material jurisdiction to try such accessory claim or counter claim.
(2)    Such court shall remain competent to try a counter-claim notwithstanding that the principal claim is withdrawn, struck out or dismissed.

Art. 31- Change of venue

(1)    Whenever  it is made to appear  the High Court, at any time before judgment, by application of either party that:
(a)    a fair and impartial trial can not be held in any court subordinate thereto;
(b)    that some question of law of unusual difficulty is likely to arise; to
(c) that an order under this Article will tend to the general convenience of the parties or witnesses or is expedient for the deposes of justice, the High Court may make an order from which no appeal shall lie to the effect that any suit,
be tried by any court not empowered under the provisions of this Chapter to try it but having material jurisdiction to try the same; or
(i)    be transferred for trial by itself.
(2)    Whenever it is made to appear to the Supreme Court at any time before judgment by application of either party that there are good reasons why a suit pending in any division of the High Court on circuit should be tried by another division of the High Court, the  Supreme  Court may order that such suit be tried by such division of the High Court as it shall direct.