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

Material Jurisdiction

CHAPTER 2. MATERIAL JURISDICTION
 

Art. 12-Priniple

(1)    Every suit shall be tired by the court competent to try it under the provisions of this Chapter and shall, unless otherwise provided, be instituted in the court of the lowest grade competent to try it.
(2)    Every appeal shall be tried by the court competent to try it under the provisions of Art. 321.

Art. 13- Jurisdiction of Woreda Guezat Courts

With out prejudice to the provisions Art. 15 (2) and (3) and Art,
18, Woreda Guezat Courts shall have jurisdiction to try.
(a) all suits not regarding immovable property where the amount involved does not exceed E $ 500; and
(b) all suits regarding immovable property where the amount involved does not exceed E $ 1000.

Art. 14- Jurisdiction of Awradja Guezat  Courts

Without prejudice to the provisions of Art. 15 (2) and (3) and Art.
18.    Awaradja Guezat Courts shall have jurisdiction to try:
(a)    all suits not regarding immovable property where the amount involved does not exceed E $ 5,000. and
(b)    all suits regarding immovable property where the amount involved does not exceed E $ 10,000.

Art. 15- Jurisdiction of High Court

(1)    The High Court shall have jurisdiction to try:
(a)    all suits not regarding immovable property where the amount involved exceeds E $ 5,000: and
(b)    all suits regarding immovable property where the amount involved exceeds E $ 10,000.
(2) It shall be exclusive jurisdiction to try suits regarding:
(a)    the formation, dissolution and liquidation of bodies corporate:
(b)    negotiable instruments, bankruptcy and maritime law;
(c)    insurance policies;
(d)    trademarks, patents and copyright;
(e)    expiration and collective exploitation of property;
(f)    the liability of public servants for acts done in the discharge of official duties, without prejudice to the provisions of Art. 75 of the Constitution;
(g)    nationality;
(h)    filiation;
(i)    habeas corpus.
(3) It shall decide applications for the enforcement of foreign judgments and arbitral awards.

Art. 16- Pecuniary  jurisdiction

(1)    A court shall have pecuniary jurisdiction when the amount or value of the subject-matter of the suit as on the day of the institution of the suit does not exceed the limits laid down in this Chapter for the court concerned.
(2) In deciding under Art. 231 whether it has pecuniary jurisdiction, the court shall have regard to the amount stated in the statement of claim in accordance with Art. 226-228,
(3) Where part of the claim is admitted at any time before evidence is produced and the amount or value of the subject-matter of the suit is accordingly reduced, the court may try the suit or of its own motion order the transfer of the suit to such subordinate court as has pecuniary jurisdiction with regard to the amount or value thus reduced.
(4) Where a suit has been instituted in a court competent under the provisions of the Chapter, such court shall remain competent notwithstanding that the amount or value of the subject-matter of the suit increases or is reduced in consequence or changes in economic circumstances.

Art. 17- Plurality of claims

(1)    Where one or more plaintiffs have united in the same suit several claims against the same defendant or the same defendants jointly, the jurisdiction of the court shall, except in cases where suits have been consolidated, depend on the amount or value of the aggregate claims.
(2)    Where several claims are made in the same suit, some of which are principal and some accessory, or where alternative claims are made, the jurisdiction of the court shall depend on the amount or value of the higher principal claim.
(3)    Where a counter-claim is made, the jurisdiction of the court shall depend on the amount or value of the higher claim, which ever it may be.

Art. 18- Claim which can not be expressed in money

Without  prejudice to the provisions of Art. 15 (2) and (3), where the subject matter of a suit can not be expressed in money, such suit shall be tried by the Awradja Guezat Court having local jurisdiction.