57 TABLE OF CONTENl'S PRELIMINARY Art. I. Scope of application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Art. l. Periods of time . . . . . ... · . . . . . . . . . . . . . . . . . . . . . . . . . ... An. 3. Interpretation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . BOOK I. JURISDICTION OF COURTS CHAPTER I. GENERAL PROVISIONS Art. 4. Courts to try suits unless barred . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Art. 5. Res judicata . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Art. 6. Review of udgments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Art. 7. Priority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Art. I. Pendency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Art. 9. Want of material jurisdiction ~ . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Art. 10. Want of local jurisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Art. II. Consolidation of suits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 CHAPTER 2. MATERIAL JURISDICTION Art. 12. Principle . . . . . . . . . . . . . . . . . . . . . . . . . .. . . ... ' Art. 13. Jurisdiction of Woreda Guezat Courts . . . . . . . . . .. . ' Art. 14 .. Jurisdiction of A wradja Guezat Courts . . . . . . . . . . . . . . . . . . . . . . 6 Art. 15. Jurisdiction of High Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Art. 16. Pecuniary jurisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Art. 17. Plurality of claims . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I Art. 18. Claim which cannot be expressed in money . . . . . . . . . . . . . . . . . . . . 8 CHAPTER 3. LOCAL JURISDICTION Art. 19. Principle . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I Art. 20. Defendant residing abroad . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Art. 21. Suits against the State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Art. 22. Suit against body corporate . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Art. 23. Suits regarding successions . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Art. 24. Suits regarding contracts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Art. 25. Suits regarding immovable property . . . . . . . . . . . . . . . . . . . . . . . . 10 Art. 26. Immovable situate within jurisdiction of different courts . . . . . . . . . . . . II Art. 27. Suits regarding wrong to persons or movables . . . . . . . . . . . . . . . . . .. II Art. 21. Suits regarding bankruptcy . . . . . . . . . . . . . . . . . . . . . . . . . . . . II Art. 29. Several causes of action . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II Art. JO. Accessory claim and counter-claim . . . . . . . . . . . . . . . . . . . . . . . . 12 Art. 31. Change of venue . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . 12 BOOK II. PARTIES TO SUITS Art. 32. Scope of application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 www.tgalawgroup.com TGA Global Law Firm LL.P CHAPTD 1. GENERAL PROVISIONS Art. 33. Qualifications . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . • • • • • 13 Art. 34. ltrcpresentation . . . . . . . . . . . . . . . . . . . . . . . • • • . • · . . . . • •.• 13 Art. 35. Joinder of plaintiffs· . . . . . . . . . . . . . . . . . . . . . . . . • . . . . . • • 14 Art. 36. Joinder of defendants . . . . . . . . .. . . .. .. .. .. .. .. .. .. .. .. 14 Art. 'YI. Jud~ for or apmat one or more parties . . . . . . . . . . . . . . . . . . . 14 Art. 31. ~tative party • . .. .. • • .. • • .. • • • • • • .. .. • .. • 15 ~ 3'. Misjoinder and noajoinder . • . . 15 Art. •· Substitution or addition of parties . . . . . . . . . . . . . . . . . . . . 15 Art. 41. Intervention of third party • .. • .. • • .. .. • • .. • • • • .. • • 16 Art. 42. Intervention of public prosecutor .. _ . . . . . . . . . . • . . . . . . . . . • . . t6 Art. 43. Joinder fo third party • • • • • . •. • • . • • • . • . . • • • • • • • • • • • • • • • 17 Art. ... Suing partners in name of firm . . . . . . . . . . . . : . . .. . . . • • . • • • . • 17 Art. 45. Disclosure of partner's names . . . . . . . . . . . . . . . . . . . . . . . • . . . . 11 Art. 46. Suing person carrying on business in name other than Ilia own . . . . . . . . 11 Art. 47. Suits between co-partncn . • . . . . . . . . . . • . . . . . • • . • . . . . . • • • 11 CHAPTER l. DEATH AND INSOLVENCY OJ' PARTll'S Art. 41. Party's death if right to sue survives . . . . . . . . . . . . . . . . . • . . . . . • 11 Art. 49. Death of one of several plaintiffs or of IIOle plaintiff . . . . . . . . . . . . . . . It Art. 51. Death of one of several defendants or of tole defendant . . . . . . . . . . . . , It Art. 51. Right of suit on death of partner . . . . . : . . . .. ~ . . • • • • • • • • . • • • Art. 52. Question as to legal representative .. .. .. .. . .. . .. .. • .. • 11 Art. 53. Death afwr hearing . . . . . . . . . . . . . • . . . . . . . . • . . .. , • Art. 54. Plaintilrs im,olvency . . . . . . . . . . . . . : . . . . . . . . • •. • • . • Art. 55. Effect ofabatcment or dismiual . . . . . .. . . . . . .. .. . .. • .. . . .. D Art. 56. Assignment befon: final order in suit • . . . . . . . . • . . . . • . • . • • • • • 21 CHAPl'Ell 3. AGENTS AND PU'.ADEIIS Art. S'I. Principle . . . . . . • . . . . . . . . . • . . • • . • • • • . • • •• • • • • D Art. 51. Agents in ~al . . . . . . . . . . . . . . . . . . : . . . . . • · • • , · • • • · 22 .Art. 5'. Persons authormd to act for Government . • . . • . . . . . • . • . . • • • • • 22 Art. fl, Procedure in suits apmat public servant . . . . • . . . • • . . . . • . • • • • 22 22 Art. 61. Agent of member of Armed Forces • · · · · • · · · · · · · .. • • · · • · · • · 23 Art. 62. Agent of prisoner .. . . .. · · .. · · .. .. · .. • · .. · .. .. • .. • .. 23 Art. 63. Appointment of pleader . . . . .. .. .. .. .. .. · · .. · .. · .. .. .. • Art. 64. Agent to aa,ept servia: .. .. .. .. · · .. · · · · .. .. .. .. · .. · .. · :14 CHAPTER "-APPEARANCE OJ' PARTIIS AND FAILURE TO APPE.U, Art. 65. Appcaranc:e need not l,e in penon . • . . • . • • . • . . : . • . . . • • . • • • :14 Art. 66. Appearance of one of several plaintifra or defendants .... · . . . . . . . . . 25 Art. 67. Appearance of partners • • • • • • • • • • • • • • • • • • • • • • • • • • • • . . • 25 www.tgalawgroup.com TGA Global Law Firm LL.P Art. 68. Power to require appearance of certain persons . . . . . . . . . . . . . . . . . 25 Art. 69. Parties to appear at hearing 25 Art. 70. Defendant failing to appear . . . . 26 Art. 71. Effect of striking out . . . . . . . . 26 Art. 72. Subsequent appearance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 'l7 Art. 73. Plaintiff failing to appear . . . . 27 Art. 74. Effect of dismissal . . . . . . . . r, Art. 7!5. Several parties failing to appear 'l7 Art. 77. Party failing to appear in person ·28 Art. 78. Setting aside decree ex-parte against defendant 28 BOOK Ill. GENERAL PROVISIONS REGARDING CIVIL SUITS Art. 79. Scope of application CHAPTER I. PLEADINGS 29 Art. 80. Contents of pleading 29 Art. 81. Condition precedent ·30 Art. 82. New fact . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 Art. 83. Denial to be specific . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 Art. 8!5. Effect of document to be stated . . . . JI Art. 86. Condition of mind . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 Art. 87. Notice . . . . . . . . . . . . 31 Art. 88. Implied contract or relation . . . . . . . . . . . . . . . . . . . . . . . . . . . . JI Art. 89. Leg-di presumptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . JI Art. ~-Departure . . . . . . . . 31 Art. 91. Amendment of pleading . . . . JI Art. 92. Verification of pleading .... Art. 93. Pleading to be signed . . . . . ... Art. !M. Issue of summons Art. 95. Mode of service Art. 96. Service on agent or pleader Art. 'YI. Service on body corporate Art. 89. Service on partners Art. 99. Service on agent by whom detendant came~ on bu~inc» Art. 100. Service on agent in charge in suits for immovable property Art. IOI. Service on member of defendant's family Art. 102. Person served to sign acknowledgement Art. 103. Defendant who cannot be found Art. UN. Endorsement of time and manner of service Art. 105. Substituted service Art. 106. Service of summons by post Art. 107. Service where defendant resides within juri,JicLion ol other coun Art. 1118. Service where defendant resides out of Ethiopia Art. 109. Service on public servant or employee Art. 110. Duty of person to whom summons is delivered or sent fur ,..:n1co: 32 33 33 33 .... 33 .... 34 .... 34 JS JS JS JS 36 36 .. .. 36 37 37 37 31 31 www.tgalawgroup.com TGA Global Law Firm LL.P ---------- ------- PARAGRAPH 2. SUMMONING AND A ITENDANCE OF WITNESSES ' 111. Issue of summons 112. Expenses of witness 113. Additional payment .!. 114. Particulars to be specified in summons 115. Summons to produce document 117. Time for serving summons 118. Witness failing to comply with summons :L 119. Duty to give evidence or produce document J20. When witness may depart ·• 121. Witness unable to give evidence or pro.Ju~~ Jocument CHAPTER 3. COMMISSIONS PARAGRAPH I. GENERAL PROVISIONS :. 122. Principle ... t. 123. Expenses of commission to be paid in.to court ,L 124. Powers of commissioner ·t 125. Attendance and examination of witnesses before commissioner . ,. 126. Parties to appear before commissioner PARAGRAPH 2. COMMISSION TO EXAMINE WITNESSES 127. When commission may be issued ,. 129. High Court may issue commissinn ~t in~tance of foreign court 130. Action ·by High Court :. Bl. Preceding Articles applicable . 38 38 ... 39 39 39 40 40 40 41 41 41 42 42 42 42 43 43 44 44 PARAGRAPH 3. COMMISSIONS TO TAKE OTHER ACTION IN RELATION TO EVIDENCE 132. Commissions to 'llake local investigations 133. Procedure of commissioner 134. Commission to investigate accounts 135. Further investigation . 136. Appointment of experts CHAPTER 4. PRODUCTION. TO TAKE OTHER ACTION IN RELATION TO EVIDENCE 44 44 45 45 46 , PTER 4. PRODUCTION. IMPOUNDING AND RETURN OF DUCUMENTS .. 137. Documentary evidence when to be produced . 138. Rejection of irrelevant or inadmissible documents . 139. Endorsements on documents . 140. Endorsements on copies -.-:. 141. Endorsements on doJ;uments rejected 46 46 47 47 47 www.tgalawgroup.com TGA Global Law Firm LL.P Art. 142. Recording of admitted and return of rejected documents Art. 143. Court may order any document to be impounded Art. 144. Return of admitted documents Art. 145. Court may send for records Art. 146. Provisions as to documents apply to material objects ' CHAPTER 5. PROVISIONAL REMEDIES PARAGRAPH I ARREST BEFORE JUDGMENT Art. 147.Security for appearance Art. 148. A.mount of security Art. 149. Application by surety to be discdarged Art. 150. Refusal to furnish security PARAGRAPH 2. ATTALHMENT BEFORE JUDGMENT Art. 151. Security for producuon of property Art. 152. Attachment of property Art. 153. Making and effects of attachment PARAGRAPH 3. TEMPORARY INJUNCTIONS Art. 154. When temporary injunction may be granted C .... Art. 155. Injunction to restrain repetition or continuance of breach Art. 156. Failure to comply with injunction Art. 157. Notice to opposite party Art. 158. Order may be discharged, varied or set aside Art. 159. Injunction to body corporate binding on its officers PARAGRAPH 4. INTERLOCUTORY ORDERS Art. 160. lnerim sale Art. 161. Detention, preservation. and inspection Art. 162. Notice to opposite party Art. 163. Suspension of_sale Art. 164. Deposit in court Art. 165. Other orders PARAGRAPH 5. APPOINTMENT OF RH'EIVERS Art. 166. When receiver may be appointed Art. 167. Remuneration Art. 168. Duties Art. 169. Enforcement of receiver's duties 61 48 48 48 48 49 49 50 50 ... 50 51 51 52 52 53 .... 53 53 54 54 54 54 54 55 55 55 56 56 56 57 PARAGRAPH 6. AFFIXING OF SEALS AND MAKING OF 1,,T,TOR11·, Art. 170. Principle Art. 171. Application for affixing of seals Art. 172. Record 57 57 57 www.tgalawgroup.com TGA Global Law Firm LL.P 6l Art. 173. No. seals to be affixed on certain property Art. 174. Wills and other documents Art. 175. Removal of seals Art. 176. Makin!! of inventory Art. 177. Appl_icatior. for habeas corpus Art. 178. Summons to appear Art. 179. Hearin!! "f ~ml rleci~ion on. ai,nlication CHAPTER 6. JURGMENTS AND DECRE~ PARAGRAPH I. GENERAL PROVISIONS Art. 180. Judgment when pronounced Art. 181. Form and pronouncement of judgment Art. 182. Contents of judgment Art. 183. Framing and contents of decree Art. 184. Copies of judgment and decree 51 51 51 59 59 '° '° '° 61 61 61 6l PARAGRAPH 2. DIRECTIONS TO BE GIVEN IN CERTAIN DECRE~ Art. 185. Decree for delivery of movable property Art. 186. Decree may direct payment by instalments Art. 187. Decree for possession and mesne profits Art. 188. Taking of accounts Art. 189. Decree in suit for dissolution of partnership Art. 190. Decree in suit for partition or separate possession Art. 191. Decree when set-off is allowed CHAPTER 7. MISCELLANEOUS PROVISIONS PARAGRAPH I. TIME-LIMITS AND ADJOURNMENTS Art. 192. Fixing and calculation of time-limit Art. 193. Observance of time-limit Art. 194. Extension of time-limit Art. 195. Lateness Art. 196, Fresh time-limit Art. I~. Court may grant time and adjourn hearing Art. 198 Zffect of adjournment A rt. 199. Purpose of adjournment not carried out PARAGRAPH 2. SECURITY FOR COSTS Art. 200. When security for costs may be required from plaintiff Art. 201. Effect of failure to furnish security Art. 202. When security for costs may be required from ai,pellant PARAGRAPH 3. AFFIDAVITS Art. 203. Power to order any point to be proved by affidavit / .... 63 63 .... 63 63 64 64 64 64 65 65 65 65 66 66 66 .... 67 67 68 ... 68 www.tgalawgroup.com TGA Global Law Firm LL.P Art. 204. Attendance of deponent Art. 204. Attendance of deponent Art. 205. Matters to which affidavits shall be confined Art. 206. Oath by whom administered PARAGRAPH 4. EFFECT OF NON-COMPLIANCE Art. 2tl7. l:'nm;1p1..: Art. 208. Correction of mistakes Art. 209. Application to set aside irregular proceedings Art. 210. Decision on application Art. 211. Appeal Art. 212. Validation of proceedings ROOK IV . ORDINARY PROCEEDINGS IN FIRST INSTANCF. CHAPTER I. INSTITUTION AND FRAME 01• SLIT PARAGRAPH I. GENERAL PROVISIONS Art. 213. Suit to be instituted by statement of claim Art. 214. Register of suits Art. 215. Court fees Art. 216. Frame of suit Art. 217. Joinder of causes of action Art. 211. Claims joined for recovery of {mmovable Art. 219. Claims by or against executor, administrator or heu Art. 220. Objections as to misjoinder Art. 221 Ser,arate trial~ P.\RAGRAPH 2. STATEMENT OF CLAIM AND OF DEFENCE Art. 222. Contents of statement of claim Art. 223. Annexes Art. 224. Relief to be stated Art. 225. Identification of subject-matter Art. 226. Particulars as to amount of claim Art. 227. Claim relating to periodical dues Art. 228. Establishment, enforcement or termination of right Art. 229. Rejection of statement of claim by registrar Art. 230. Admission of statement of claim by registrar Art. 231. Rejection of statement of claim by court Art. 231. Rejection of statement of claim by court Art.232. Effectofrejection Art. 233. Service of statement of claim Art. 234. Contents of statement of defence Art. 235. Evasive denial Art. 236. Particulan of set-off .... Art. 237. Defence or set-off founded upon separate grounds 63 68 68 .. 68 .. 69 69 69 69 70 70 70 71 71 71 71 72 72 .. 72 ... 72 72 73 73 74 74 .... 74 75 75 75 .. 75 .... 76 76 .... 76 77 77 77 78 78 www.tgalawgroup.com TGA Global Law Firm LL.P 64 Art. 238. Examination of statement ot defence Art. 239. Further pleadings Art. 240. Notice to admit documents CHAPTER 2. TRIAL OF SUIT PARAGRAPH I. PROCEDURE AT FIRST HEARING Art. 241. Examination of parties Art. 242. Judgment on admissions Art. 243. Saving Art. 244. Preliminary objections Art. 245. Decision on objection Art. 247. Issues defined Art. 246. Framing of issues Art. 247. Issues defined Art. 248. Materials from which issues may be framed Art. 249. Court may examine witnesses or documents before framing issues . Art. ·2so. Dispute as to amount of claim Art. 251. Power to amend and strike out issues Art. 252. Questions of fact or law may be stated in form of issues Art. 253. Judgment on agreement executed in good faith Art. 254. Parties at issue Art. 255. Parties at issue Art. 256. Failure to produce evidence .. 78 78 .. 79 79 80 80 80 81 82 81 82 82 H2 83 83 83 83 84 84 ... 84, PARAGRAPH 2. HEARING OF SUIT AND EXAMINATION OF WITNESSES Art. 257. Summonses Art. 258. Opening of hearing Art. 259. Statement and production of evidence Art. 260. Evidence where several issues Art. 260. Evidence where _several issues Art. 261. Manner of giving evidence Art. 262. When deposition to be interpreted Art. 263. Form of questions Art. 264. Court may examine other persons Art. 265. Power to examine witness immediately Art. 266. Court may recall and examine witness Art. 267. Refusal of party to give evidence Art. 268 Rules as to witnesses to apply to parties summoned Art. 269. Recording of evidence Art. 270. Recording of objections Art. 271. Evidence recorded by another court Art. 272. Power of court to inspect Art. 273. Judgment 85 85 85 85 .. 85 86 .... 86 ... 86 .... 87 87 . 8'7 87 88 88 88 88 89 89 www.tgalawgroup.com TGA Global Law Firm LL.P CHAPTER 3. l>ISCONTINUANCE OF SUITS PARAGRAPH I. COMPROMISE AND WITHDRAWAL Art. 274. Principle Art. 275. Making of compromise agreement Art. 276. Contents of compromise agreement Art. 277. Recording of compromise agreement Art. 278. Withdrawal or abandonment with leav=:=="l.. T,,, n,ra..c.+ -it,--.c .,.mflfl-tt-1- , .J "" • r:rn:,- ..,.,.'> .,..._ 1: '1-"'>-'1. 1 ,r,Tc 1 21 / Iiif~t = '¼. er. fro"I : f<~·}th : ·ll,h,C P''I , P'C'¼-l-: :h"I = .(-'} :n, :: DECREE No. 52 OF 1965 THE CIVIL PROCEDURE CODE DECREE www.tgalawgroup.com TGA Global Law Firm LL.P CIVIL PROCEDURE CODE OF THE EMPIRE OF ETHIOPIA OF 1965 Nl:GARD' GAZ.ET A -EXTRAORDINARY ISSUE No. 3 OF 1965 ADDIS ABABA. 1965 www.tgalawgroup.com TGA Global Law Firm LL.P DECREE No. 52 OF 1965 THE CIVIL PROCEDURE CODE DECREE CONQUERING LION OF THE TRIBE OF JUDAH HAILE SELLASSIE I ELECT OF GOD, EMPEROR OF ETHIOPIA WHEREAS it is desirable that further and better provisions be made regarding the administration of justice in civil matters: NOW THEREFORE, in accordance with Article 92 of Our Revised Constitution and on the advice of Our Council of Ministers We hereby decree as follows : 1. This Decree may be cited as" The Civil Procedure Code Decree, 1965". . 2. The Civil Procedure Code of 1965 shall lx- published in a separate volume appearing as Extraordinary Issue No. 3 of 1965 of the Negarit Gaz.eta. 3. All rules, whether written or customary, previously in force con- cerning matters provided for in the Civil Procedure Code of 1965 shall be replaced by this Code and are hereby repealed. Done at Addis Ababa, this 8th day of October, 1965 1SAHAFE T AEZAZ AKLILU HABTE WOLD Prime Minister and Minister of Pen www.tgalawgroup.com TGA Global Law Firm LL.P PRELIMINARY ArL 1.- Scope of application (1) The provisions of this Code shali apply from the day of its co- ming into force to all suits pending on such day and instituted thereafter. (2) Any suit pending on the coming into force ot this Code shall be completed by the court having jurisdiction under the law re- pealed by this Code,. notwithstanding that such court is not men- tioned in this Code. Art. 2.- Periods of time (1) Where periods of time have expired prior to the coming into force of this Code, nothing in this Code shall revive them. (2) Where periods of time have been introduced by this Code, they shall run from the day of the coming into force of this Code. (3) Where periods of time have been extended by this Code, the periods provided for by this Code shall apply but the time hav- ing run prior to the coming into force of this Code shall be deducted. (4) Where periods of time have been shortened by this Code, the periods provided for by the law repealed by this Code shall con- tinue to run on the coming into force of this Code. Art. 3.- Interpretation In this Code, unless th~ context otherwise requires, the following terms and expressions shall have the following meaning : "affidavit" shall mean a statement of facts in writing lawfully sworn or amrmed; "court" shall mean a court established by law; "decree" shall mean the formal ~xpression of any preliminary or final adjudication which, so far as concerns the court expressing it, con- clusively determines the rights of the parties concerning all or any of the matters in dispute in the suit; "decree-holder" shall mean any person in whose favour a decree has been passed or an order capable of execution has been made and shall include the transferee of a decree; www.tgalawgroup.com TGA Global Law Firm LL.P 2 CIVIL PROCEDURE CODE "execution officer" shall mean any judge, ollicer of any court or ltny other person appointed by the Minister of Justice to execute decrei:s; "foreign court" shall mean a court situate outside Ethiopia; "foreign judgment" shall mean the judgment of a foreign court; "government pleadef' shall include: a) any officer appointed by the government to perform all or any of the functions imposed by this Code on the government plea- der; and b) any pleader acting under the directions of the government pleader; "judgment" shall mean the statement given by a court of the grounds of a decree or order; ''judgment-debtor" shall mean any person against whom a decree has been passed or an order capable of execution has been made; "law" shall include proclamations, decrees, orders and any subsidiary legislation made thereunder; "legal representative" shall mean any person who in law represents a person under disability or the estate of a deceased person; "mesne profits" of property shall mean those profits which the person in wrongful pc,sse;;sion of such property actually received or migbt with ordinary diligence have received therefrom, together with in- terest on such profits, but shall not include profits due to impro- vements made by such person; "order" shall mean the formal expression of any decision of a court which is not a decree; "person under disability" shall mean any person who is not capable under the law; "pleader" shall mean an advocate and shall include any person enti- tled to appear and plead for another; "prescribed" shall mean prescribed by regulations under this Code; "registtar' 1 shall mean the registrar or assistant registrar of a court and shall include any clerk of court assigned by the registrar to carry out all or part o( the duties of a registrar; "share in a corporation" shall be deemed to include stock, debenture stock, debentures or bonds. www.tgalawgroup.com TGA Global Law Firm LL.P CIVIL PROCEDURE COOi BOOK I. JURISDICTION OF. COURTS CHAPTER l. GENERAL PROVISIONS Art. 4.- Courts to try suits unless barred 3 Without prejudice to the provisions of the following Articles, the courts shall have jurisdiction to try all civil suits other than those of which their cognizance is expressly or impliedly barred. Art. 5. - R.esjudicata (I) No court shall try any suit or issue in which the matter directly and substantially in issue has b~l.:'n directly and substantially in issue in a fonner suit between the same parties, or between par- ties under whom they or any of them claim, litigating under the same title, and has been heard and finally decided. (2) Any matter which might and ought to have been made a ground of defence or attack in the fonner suit shall be deemed to have been directly and substantially in issue in such suit. (3) Any relief claimed in the former suit which has not been expres- ly granted by the decree passed in such suit shall, for the pur- poses of this Article, be deemed to have been refused. (4) Where persons litigate in good faith in respect of public or pri- vate rights claimed in common for themselves and others, all persons interested in such right shall, for the purposes of this Article, be deemed to claim under the persons so litigating. Art. 6.- Review of judgments (1) Notwithstanding the provisions of Art. 5, any party considering himself aggrieved by a decree or order from which an appeal lies, but from which no appeal has been preferred, or by a decree or order from which no appeal lies, may, on payment of the pres- cribed court fee, apply for a review of judgment to the court which gave it where: (a) subsequently to the judgment. he discovers new and impor- tant matter, such as forgery. perjury or bribery, which after the exercise of due diligence, was not within his knowledge at the time of the giving of the judgment; and www.tgalawgroup.com TGA Global Law Firm LL.P 4 CIVIL PROCEDURE CODE (b) had such matter been known at the time of the giving of the judgment, it would have materially atlected the substance of the decree or order the review of which is sought. (2) An application for review shall contain the same particulars as a memorandum of appeal and shall be supported by an affi- davit containing strict proof of the fulfilment of the conditions laid down in sub-art. (1) (a). The application shall be filed within one month of the ground of application having been discovered by the applicant (3) On granting the application, after giving notice to the opposite party to enable him to appear and be heard in support of the decree or order the review of which is sought ' the court shall make such order in regard to the re-hearing of the case as it thinks fit (4) No appeal shall lie· from any decision of the court granting or rejecting an application for review. Art. 7.- Priority (1) One and the same civil suit may not be instituted in more than one civil court. (2) Where a suit may be instituted in any one of several courts, the court in which the statement of claim was first filed shall have jurisdiction and the suit shall be pending in such court. Art. 8.- Pendency (1) No court shall try any suit in which the matter in issue is alsd directly and substantially in issue in a previously instituted civil suit between the same parties, or between parties under whom they or any of them claim. litigating under the same title, where such civil suit is pending in the same or any other court in Ethi- opia having jurisdiction to grant the relief claimed. (2) The pendency of a suit in a foreign court shall not preclude the courts in Ethiopia from trying a suit founded on the same cause of action. (3) Where the matter in issue is also in issue in a suit pending in another court or is so closely connected with a suit pending in www.tgalawgroup.com TGA Global Law Firm LL.P CIVIL PROCEDURE CODE s another court that it cannot properly be tried separately the provisions of Arts. 11 or 244 and le, as the case may be. shall apply. Art. 9.- Want of material jurisdiction (1) A statement of claim filed in a court not having material juris- diction shall be rejected in accordance with Art 231. (2) When and as soon as a court is aware that it has not material jurisdiction to try a suit, it shall proceed in accdrdance with Art 245 notwithstanding that no objection is taken under Art. 244 to its material jurisdiction. Art. 10.- Want of local jurisdiction (1) A statement of claim filed in a court not having local jurisdiction shall be rejected in accordance with Art. 231 : Provided that a court which has jurisdiction under Arts. 19-30 may not reject a statement of claim on the ground that another court also has lm:al jurisdiction. (2) Any objection taken under Art. 244 to the local jurisdiction of a court shall be finally decided by the said court and no order made, judgment given or decree passed by the said court may be invalidated unless such an obje4ion was taken and the decision thereon has caused a failure of justice. Art. 11.- Consolidation of suits (1) Where two or more suits or appeals are pending between the same parties in the same court, in which the same or similar questions of law or fact are involved, the court may, of its O\W1 motion or on the application of.either party, order a consolidation of such suits or appeals on such terms as it thinks fit. (2) Where two or more suits are pending between the same parties in different courts, in which the same or similar. questions of law or fact are involved, or where two or more suits pending between the same parties in different courts are so closely connected that they cannot properly be tried sparately, either party may, at any time before evidence is taken in any of sucli courts, apply for an www.tgalawgroup.com TGA Global Law Firm LL.P 6 CIVIL PROCEDURE CODE order that such suits be consolidated. (3) An application under sub-art. (2) shall be made to the High Court, where the suits are pending in courts which arc all subor- dinate thereto, or to the Supreme Court, where one or more of the courts in which the suits are pending is a division of the High Court on circuit. (4) The court to which the application is made shall, on granting the same, direct by which of the subordinate courts the suits shall be tried. (5) The provisions of sub-arts. (2)-(4) shall also apply where two or more appeals, in which the same or similar questions of l.iw or fact are involved, are pending between the same parties in different courts of the same grade. CHAPTER 2. MATERIAL JURISDICTION Art. 12.- Principle (1) Every suit shall be tried by the court competent to try it under the provisions of this Chapter and shall, unless otherwise pro- vided, be instituted in the court of the lowest grade competent to try it. (l) 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 Without prejudice to the provisions of. 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 S 500; and (b) all suits regarding immovable property where the amount involved does not exceed E S 1000. Art. 14.-Jurisdiction of Awradja Guezat Courts Without prejudice to the provisions of Art. 15 (l) and (3) and Art. 18 A wradja Guw.at Courts shJll have jurisdiction to try; (a) all IUi" not reprding immovable pro~rty wbe" the ~ount involved does not c~ E S s.•. and www.tgalawgroup.com TGA Global Law Firm LL.P CIVIL PROCEDURE CODE 7 (b) all suits regarding immovable property where the amount involved does not exceed E S 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 S S,000; and (b) all suits regarding immovable property where the amount involved exceeds E S:10,000. (2) It shall have exclusive Jurisdiction to try suits reprding: (a) the formation, dissolution and liquidation of bodies corporate; (b) negotiable instruments, bankruptcy and maritime law; (c) insurance policies; (d) trade1Qar11ts, patents and copyright; (e) expropriation and collective exploitati<>n of property; (f) the liability of public servants for acts done in the discharge of offlCial duties, without prejudice to the provisions of Art. 75 of the Constitution; (&) netionality; (h) filiatinn; (i) habeas corpus. (31 It shall d~ide applications for the enforcement of foreign judg- ments and arbitral awards. Art. 16.- Pecuniary jurisdicti9n (1) A court shall have pecuniary jqrisdiction when the amount or value of Uie subject-matter of the suit as on the day ot the msu• wtion of the suit docs not exceed the limits laid down in this Chapttr for the 3811ft eeneemed. (2) In deciding under Art. 231 whether it bas pecuniary jurisdiction, the court shall have regard to the amount stated in the state- ment of claim in au:cordaMC with Arts. U6-228. www.tgalawgroup.com TGA Global Law Firm LL.P 8 CML PROCEDURE CODE (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 bas pecuniary jurisdiction with regard to the amount or value thQS_reduce(l. (4) Where a suit bas been instituted in a court competent under the provisio~ of this Chapter, such court shall remain competent not- withstanding_ that the amount or value of the subject-matter of the suit increases or is redu.ced in consequence or changes in economic circumstances . . An.·17.- Plurality of claims (1) Where one or more plaintiffs have united in Ule 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 aggre- gate claims. Cl) 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, whichever it may be. Art. 18.- Claim which cannot be expressed in money Without prejudice to the provisions of Art. 15 (2) and (3), where the subject matter of a suit cannot be expressed in money, such suit shall be tried by tho Awradja Guezat Court having local iuris- diction. CHAPTER 3. LOCAL JU.IUSDICDON lit. 19.- Principle (1) Without prejudia. to the provisions of the following Articles and to sucn special places of jurisdiction as ~Y be provided for bv e~y www.tgalawgroup.com TGA Global Law Firm LL.P CML PROCEDURE CODE 9 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 ur personally works for gain. Art. 20.- Defendant residing abroad (I) Where the defendant resides, carries on busines, 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 propeny which :the defendant owns in Ethiopia, in which case the suit be instituted in the court of the place where su_ch property is situate. (2) Where the defendant is a foreigner not residing, carrying on busi- ness or personally working for gain in Ethiopia but he owns mov- able or immovable property in Ethiopia the suit may be instituted in the coun 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: (at 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 ~ecuted; or (c) the act giving rise to liability occurred. Art. 22.- Suit against body corporate (1) Suits against a business organimtion shall be instituted in the court of the place where the head office 1 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 com- mittee, trust or endowment was formed or. where such association committee, trust or endowment requires by law to be r.:gi:.tered, at www.tgalawgroup.com TGA Global Law Firm LL.P 10 CIVIL PROCEDURE CODE 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 insti- tuted 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 ac- cordance with the provisions of Art. 208 Maritime Code or Art. 647 Commercial Coae , 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 object 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. 15.- Suits regarding immovable property (1) Notwithstanding any provision to the contrary, other than Art 31. suits for: (a) the recovery of immovabie property with or without rent or mesne profits; (b) the partition of imtnovable property; (c) the determination of any other right to, or interest in, im- movable property; or (d) compensation for wrong to immovable property, shall be mstitutea in the court of the place w nere such pro perty is situate .. www.tgalawgroup.com TGA Global Law Firm LL.P CIVIL PROCEDURE CODE II (2) Where in a suit Lo obtain relief regarding, or compensation fqt. wrong to immovable property held by or on behalf of the defen- dant, the relief sought can be entirely obtained through his per- sonal 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.-- /mmorable situate ll'ithi11 jurisdiction of different courts (l) A suit regarding immovable property situate within the juris- diction of different courts may be instituted in any court within the local limits of whose jurisdiction any portion of such pro- perty is situate. (2) Where it is alleged to be uncertain within the local limits of the jurisdiction of wn11:n of several courts any immovable property is situate, any of those courts may, if satisfied that there is grourid for the alleged uncertaintv. 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 were 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 or to movable property may be instituted in the court of the place where sud! 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 Suits regarding bankruptcy chall be instituted in the division of the High Court on circuit in the Teklay Guezat in which the principal place of busines of the bankrupt is situate. Art. 29.- Several causes of action Where a suit is based upon several causes of action arising in dif- www.tgalawgroup.com TGA Global Law Firm LL.P 12 CIVIL PR.OCEDUR.E CODE ferait-plaa:s, the suit ma) be instituted in any of the courts having jurisdiction by reason of one of such causes of action. Art. 31.- A.a:asory claim and C01111tn-claim (1) An aa:cssory claim or a counter-claim shall be filed in the court having jurisdiction to try the principal elaim where such court has mataial jurisdiction to try such accessory claim or counter- claim. (2) Such court shall remain competent to try a counter-claim notwith- standing that the principal claim is withdrawn, struck out or dis- missed. Art. 31.- a..~ of MIW (1) ~ it is made to appear to the High Court, at any time be- fon: judgmcol. by application of either party that: (a) a fair and impartial trial cannot be held in any court subordi- nab: thereto; (b) that some question of law of unusual difficulty is likely to arise; OI' (c) that an order under this Article will tend to the general con- ~ of the parties OI' witnesses nr is exnr.dir.nt for the DUr- poscs e1 justice. the High Court may make an order frma wbidt no appeal 'Sball lic to the effect that any suit: (i) be tried by any court not empowered under the provisions of tllis Oaptu to try it but having material jurisdiction to try the same; OI' fn1 be tramfenal for trial by itself. (2) Whcnew:r it is made to appear to the Supreme Court at any time befon: judgment by application of either party that there· are good n:uons why a suit pending in any division of the High Court on cin:uit should be tried by another division of the High Court, the Supreme Court may order that such suit be tried by such dmsioa of the High Court as it shall direct. www.tgalawgroup.com TGA Global Law Firm LL.P CIVIL PROCEDURE CODE BOOlt D. PAllTIF.S TO SUITS Art. 32.- Sa,~ of applit:ation 13 (I) The provisions of this Book shall apply in any proceedin~ under this Code. (2) In applying the provisions of this Book to appeals, so far as may be, the word "plaintiff"' shall be held to include an appellant, the word .. defendant" a respondent. and the word "suit" an ap- peal. CIIAPfER I. GL-«RAL PROVJSIO~ Art. 33.- Qualifications (I) Any person capable under the law may be a party to a suit. (2) No person may be a plaintiff unless be bas a vcs:.:d interest in the subject-matter of. the suit. (3) No person may be a defendant unless the plaCltiff alle~ some claim against him. Art. 3t.:._ Represmtalion (I) A person under disability may sue or be sued throup his lcpl representative. (2) Where a person under disability is not repraented by his lcpJ representative, the proc:ec:dinp shall be saayal until a legal representative is appointed in accordance with the relcYant pro- visiom of the Civil Code. (3) Without prejudice to the provisions of the following Articles. bodies corporate may be represented in aa:ordanc:e with the relevant provisions of the Civil or Commercial Code, as the case may be. (4) Representation in maritime matters shall be as provided for by the Maritime Code. (5) In all suits conccming property adroiniw:ral by a trustee. executor or administrator, wbeR the CODtaltion is ~ the persons beneficially interestc:d in such property and a third person, the trustee, executor or administrator shall 1q,1cscnt the persons so interested, and it shall not be nrn:m,y to mate them parties to the suit unless the court odlcrwise directs. www.tgalawgroup.com TGA Global Law Firm LL.P 14 CIVIL PROCEDURE CODE Art. 35.- Joinder of plaint([fs All persons in whom any right to relief in respect of or arising from the same transaction or series of transactions is alleged to exist, whether jointly, severally or in the alternative, may be joined in one action as plaintiffs where, tf such persons brought separate actions any common ques\il'n of law or fact would arise. Art. 36.- Joinder of defendants (1) All persons against whom the right to any relief is alleged to exist, whether jointly, severally or in the alternative. may be joined as defendants where. if separate suits were brought against such persons, any common que$lion of law or fact would arise. (l) The plaintiff may join as parties to the same suit all or any of the persons severally, or jointly and severally , liable on the same contract . including parties to negotiable instruments .. (3) Where a suit concerns property administered by several trustees, executors or administrators, all such persons shall be made par- ties to a suit against one or more of them, provided that trustees, executors or administrators outside Ethiopia need not be made parties unless otherwise ordered by the court on an application being made under Art 43. (4) Where the plaintiff sues for the recovery of immovable property free of occupants, such occupants, whatever their title, shall all be made parties to the suit. (5) Where the plaintiff js in doubt as to the person from whom he is entitled to redress, he may join two or more defendants so that the question as to which, if any, of the defendants is liable, and to what extent, may be determined as between all the par- ties. (6) It shall not be necessary that every defendant be interested as to all the relief claimed in any suit against him. Art. n.- Judgment for or against one or more parties Judgment may be given : (a) for such one or more of the plaintiffs as may be found to be www.tgalawgroup.com TGA Global Law Firm LL.P CIVIL PROCEDURE CODE 15 entitled to relief , for such relief as he or they may be entitled to; (b) against such one or more of the defendants as may be found to be liable, according to their respective liabilities. Art. 38.- Representati've party (1) Where several persons have the same interest in a suit, one O{ more of such persons may sue or be sued or may be authoria . .:I by the court to defend on behalf or for the benefit of all persons so interested on satisfying the court that all persons so interested agree to be 5" represented. (2) Any person on whose behalf or for whose benefit a suit is insti- tuted or defended under sub-art. (1) may apply to the court to be made a party to such suit. Art. 3'.- Misjoinder and nonjoinder (1) No suit shall be defeated by reason only of the misjoinder or nonjoinder of parties and the court may in every suit deal with the mattet in dispute so far as regards the rights and interest of the parties actually before it. (2) Any objection on the ground of misjoinder or nonjoinder of parties shall be raised at the earliest possible opportunity and any objection not so raised shall be deemed to have ._." waived. Art. '1t.-Substitution or addition of parties (1) Where a suit has been instituted in the name of a wrong person as plaintiff or it is doubtful whether it has been instituted in the name of the right plaintiff, the court, on being satisfied that the suit has been instituted through a bona fide mistake and that it is necessary for the determination of the real matter in di.~pute so to do, may at any time order that any other person be substi- tuted or added as plaintiff on such terms as it shall fix. (2) The court may at any time, of its own motion or on the applica- tion of either party and on such terms as it shall fix, order that the name of any party improperly joined as plaintiff or defendant be struck out and that there be added the name of any person who ought to ha~ been joined as plaintiff or defendant or whose www.tgalawgroup.com TGA Global Law Firm LL.P 16 CVIL PROCEDURE CODE presence is necessary for the determination of all the questions involved in the suit: Provided that no person shall be added as plaintiff without his consent. t3) Where a defendant is added, the statement of claim shall, unless the court otherwise directs, be amended accordingly and a copy thereof shall thereupon be served on the new defendant and, if the court thinks fit , on the original defendant. (4) Nothing in this Article shall prevent a third party at any time Wore judgment from substituting himself for either party with the consent of such party on showing that he is qualified under the provisions of Art. 33. (5) Where it appears to the court at the hearing of an appeal that any person who was a party to the suit in the court from whose decree the appeal is pref erred, but who has not been made a party to the appeal, is interested in the result of the appeal, the court may adjourn the hearing and direct that such person be made a respondent. Art. 41.- Intervention of third party (1) Any person interested in a suit between other parties may in- tervene therein at any time before judgment. (2) The intervention shall be made by the filing of a separate sta- tement containing all the grounds which justify such person in intervening. (3) Where the intervention is allowed, the proceedings shall be stayed until the parties have been served with a copy of the statement of the intervening party. (4) Where service is not effected for a reason attributable to the intervening party, he shall be deemed to have withdrawn his statement. (5) Nothing in this Article shall affect the provisions of Arts. 293-299. Art. 42.- Intervention of public prosecutor The public prosecutor shall intervene whenever his intervention is required by law, in parti1:•1lar in cases relating to: www.tgalawgroup.com TGA Global Law Firm LL.P CIVIL PROCEDURE CODE (a) civil status (Arts. 116, 122 and 156 Civil Code); (b) incapacity (Arts. 234, 354 and 377 Civil Code); (c) marriage (Arts. 592, 608, 609 and 612 Civil Code); 17 (d) bankruptcy (Arts. 975, 978, 980, 998, 1004 and 1017 Com- mercial Code). Art. 43.- Joinder of third party (I) Where a defendant claims to be entitled to contribution or indemnity from any person not a party to the suit, he may in his statement ot' defence show cause why the third party is liable to make contribut;on or indemnity and the extent of such liability and apply to the court for an order that such person be made a party to the suit. (2) Where the application is allowed, the third party shall be served with a copy of the statement of claim and defence and, upon being summoned to appear on such day as the court shall fix, shall be deemed to be in the same position as a defendant. (3) The claim as between the defendant and the third party .,hall be tried in such manner as the court shall direct. (4) The provisions of this Article shall apply by analogy where a defendant claims to be entitled to contribution or indemnity from any other defendant in. the suit: Provided that nothing in this sub-article shall prejudice the plaintiff against any defendant in the suit. Art. 44.- Suing partners in name of firm Two or more persons claiming or being liable as partners and carrying on business in Ethiopia may sue or be sued in the name of the firm, if any, of which such persons were partners at the time of the accruing of the cause of action, and any party to a suit may in such case apply to the court for a statement of the names and addresses of the persons who were at the said time partners in such firm, to be furnished and verified in such manner as the court may direct. www.tgalawgroup.com TGA Global Law Firm LL.P 18 CIVIL PROCEDURE CODE -··----·--- ------ Art. 45.-- Disclosure of partners names (1) Where a suit is instituted by partners in the name of their firm, the plaintiffs or their pleader shall, on demand in writing by or on behalf of any defendant, forthwith declare in writing the names and plac('s of residence of all the persons constituting the firm on whose behalf the suit is institued. (2) Where the plaintiffs or their pleader fail to comply with any demand made under sub-art. (1), all proceedings in the suit may, upon an application for that purpose, be stayed upon such terms as the court may direct. (3) Where the names of the partners are declared in accordance with sub-art. (1), the suit shall proceed in the same manner, and the same consequences in all respects shall follow, as if they had been named as plaintiffs in the statement of claim: Prov,ded that all the proceedings shall nevertheless continue in the name of the firm. Art. 46.- Suing person carrying on business in name other than his own. Any person carrying on business in a name or style other than his own name may be sued in imch name or style as if it were a firm name and any provision in this Code which applies to suits by or against firms and persons carrying on business in a name other than their own shall apply so far as the nature of the case will permit. Art. 47.- Suits between co-partners Any provision in this Code which applies to suits by or against firms and persons carrying on business in a name other than their own shall apply to suits between a firm and one or more of the partners therein and to suits between firms having one or more partners in common. CHAPTER 2. DEA TH AND INSOLVENCY OF PARTIES Art. 48.- Party's death if right to sue survives (1) The death of a plaintiff or defendant shall not cause the suit to abate if the right to sue survives. www.tgalawgroup.com TGA Global Law Firm LL.P CIVIL PROCEDURE CODE 19 (2) Where one of several plaintiffs or defendants dies and the right to sue survives to the surviving plaintiff or plaintiffs alone, or against the surviving defendant or defendants alone, the court shall cause an entry to that effect to be made on the record, and the suit shall proceed at the instance of the surviving plaintiff or plaintiffs, or against the surviving defendant or defendants. Art. 49.- Death of several plaintiffs or of sole plaintiff (1) Where one of several plaintiffs dies and the right to sue does not survive to the surviving plaintiff or plaintiffs alone, or a sole plaintiff or sole surviving plaintiff dies and the right to sue sur- vives, the court, on an application made in that behalf, shall cause the legal representative of the deceased plaintiff to be made a party and shall proceed with the suit. (2) Where within one year from the death of the plaintiff no ap- plication is made under sub-art. (1), the suit shall abate so far as the deceased plaintiff is concerned, and, on the application of the defendant, the court may award to him the costs which he may have incurred in defending the suit, to be recovered from the deceased plaintiff's estate. (3) Nothing in this Article shall apply to proceedings in execution of a decree or order. Art. 50.- Death of one of several defendants or of sole defendant (1) Where one of several defendants dies and the right to sue does not survive against the surviving def end ant or defendants alone, or a sole defendant or sole surviving defendant dies and the right to sue survives, the court, on an application made in that behalf, shall cause the legal representative of the deceased defendant to be ~ade a party and shall proceed with the suit. (2) Any person so made a party may make any defence appropriate to his character as legal representative of the deceased defendant. (3) Where within one year from the death of the defendant no ap- plication is made under sub-art. (1), the suit shall abate as against the deceased. (4) Nothing in this Article <;hall apply to proceedings ir, execution www.tgalawgroup.com TGA Global Law Firm LL.P 20 CIVIL PROCEDURE CODE of a decree or order. Art. 51.- Right of suit on death of partner (I) Where two or more persons may sue or be sued in the name of a firm and any of such persons dies, whether before the institu- tion or the pendency of any suit, it shall not be necessary to join the legal representative of the deceased as a party to the suit (2) Nothing in sub-art. (1) shall limit or otherwise affect any right which the legal representative of the deceased may have: (a) to apply to be made a party to the suit; or (b) to enforce any claim against the survivor or survivors. Art. 52.-- Question as ro legal repre.1enrmil'e Where a question arises as to whether any person is or is not the legal representative of a deceased plaintiff or a deceased deten- dant. such question shall be determined by the court, or the court may. if it deems it more convenient to do so and notwithstanding any- thing contained in the preceding Articles.appoint an administrator ud !item to represent the estate. Art. 53.-- Death after hearing Notwithstanding anything contained in the preceding Articles, whether the cause of action survives or net, there shall be no aba- tement by reason of the death of either party between the conclusion of the hearing and the pronouncing of the judgment, but judgment may in such case be pronounced notwithstanding the death and shall have the ~amc force and effect as if it had been pronounced before the death took place. Art. 54. Plainriff s insolvency I l) The insolvency of a plaintiff in any :;un whi~h the assignee or receiver might maintain for the benefit of his creditors. shall not cause the suit to abate, unless such assignee or receiver declines to continut: the suit or, unless for any s~ial reason the court otherwise directs, to give security for th~ costs thereof within such trn,I!' :;s the courl may dnen (].\ Wh-r,_: !h::' :iss:in~ H ! .·,.·,.i,::r n.:;;;tr.;s ,:,; q~fu~.:3 Ii.! \,(l:1iit1i.le the www.tgalawgroup.com TGA Global Law Firm LL.P CIVIL PROCEDURE CODE 21 suit an4 to give such ,/security widrin the tune so ordereci. the-- defendant may apply for the dismissal---of:tbe suit on the ground of the plaintiffs insolvency, and the court may make an order dismissing the suit and awarding to the defendant the costs which he has incurred in defending the suit, to be recovered from the plaintiffs estate. (3) Nothing in this Article shall apply to proceedinp in execution of a decree or order. Alt. 55.- Effect of abatement or dismissal (I) Where a suit abates or is dismissed under the provisions of this Chapter no fresh suit shall be brought on the same cause of action. (2) The plaintiff or the person claiming to be the legal representative of " / pleading (1). The court may at any time ~fore judgment allow either party to alter or amend his pleading in such manner and on such terms www.tgalawgroup.com TGA Global Law Firm LL.P 32 CIVIL PROCEDURE CODE as to costs or otherwise as may be just. and all such amendments shall be made as may be necessary for the purpose of determining the real questions in dispute. (2) Where a party who has obtained leave to amend fails to amend within the time fixed by the court, he shall not be permitted to amend thereafter, unless the time is extended by the court. l3) A further and better statement of the nature of the claim or defence, or further and better particulars of any matter stated in any pleading may in all cases be ordered by the court of its own motion or on the application of either party upol! such terms, ~ to costs or otherwise, as may be just. (4) The court may at any time order to be struck out or amended in any pleading any matter which is unnecessary or scandalous or which may tend to prejudice, embarrass or delay the fair trial of the suit. (5) Where pleadings are so amended as to have the effect of bringing the claim within the jurisdiction of a higher court, the court in whi::h the suit was instituted shall transfer the daim to such higher court for trial. Art. 92.- Ver(fication of pleading ( l) Unless otherwise expressly provided by law, every pleading shall be verified at the foot by the party or by one of the parties pleading or by some other person other than the pleader, directly acquainted with the facts of the case. (2). In suits by or against a corporation, any pleading may be signed and certified on behalf of the corporation by the secretary or by any director or other officer of the corporation who is ~ble to depose to the facts of the case. (3). In suits by or against the Government, any pleading shall be signed by such person as the Government may, by general or special order, appoint in. this behalf, and shall be verified by any person whom the Govt:rnment may so appoint and who is acqu- air.ted with the facts of the case. (4) Where persons sue or are sued as partners in the name of their firm under Art. 44, it shall suffice that any pleading be signed or verified by anv one of such persons. www.tgalawgroup.com TGA Global Law Firm LL.P CIVIL PROCEDl'RE COiJi .. 33 Art. 93.- Pleacling to be signed Every pleading shall be signed by the party or his pleader, if any, or where a party is for good cause unable to sign, by any other person duly authorized by him to sign the same or to sue or defend on his behalf. CHAPTER 2. SUMMONSES PARAGRAPH I. ISSUE AND SERVICE OF SUMMONS TO DEFENDANT Art. 94.--- Issue of summons (1) When a suit has been duly instituted, a summons shall, unless otherwise provided, be issued to the defendant to appear and answer the claim on a day to be specified therein in accordanre with Art. 233 or 338 : Provided that no such summons shall be issued when the defen- d!int has appeard at the presentation of the statement of claim and admitted the plaintiffs claim. (2). The summons shall order the defendant to produce all the docu- ments mentioned in the list annexed to the statement of defence under Art. 223. (3). Every summons shall be in the form prescribed by the Second Schedule to this Code and shall be signed by a judge or the regis- trar and sealed with the seal of the court. Art. 95.-- Mode of service (1) The summons may be served on the defendant by any person, hereinafter referred to as the serving officer, authoriud in that behalf by the court. (2) Unless otherwise provided, where there are more defendants than one, the summons shall be served on each defendant. (3). Without prejudice to the provisions of the following Articles, the summons shall as far as possible be served on the defendant in person. Art. 96.- Service on Uf?ent or pleader (1). Where the defendant has an agent empowered to accept service, www.tgalawgroup.com TGA Global Law Firm LL.P 34 CIVIL PROCEDURE CODE service shall, unless the court otherwise directs, be made on the agent and shall be as effectual as service on the defendant in person. Provided that, where no agent has been appointed in the cases provided for by Arts. 61 and 62, the summons shall be sent for service on the defendant to the commanding officer or superin- tendent of the prison, as the case may be. (2) A summons may be served on the pleader of the defendant or left at the office of such pleader and shall in such a case be deemed to be duly communicated and made known to the defendant a5 though it has been served on him in person. (3). In suits against the Government, the summons shall be servtxl on the government pleader or, where no such pleander has been appointed, in such other manner as the court shall direct. Art 97 .- Service on body corporate In suits against a body corporate, the summobs may he served (a) on the secretary, or on any di1ector or other principal officer of the body corporate; or (b) by leaving it or sending it by post addressed to the ~ody corporate at its registered office or, if there is no registered office, at the place where the body corporate carries on its activities. Art. 98.- Service on partners (1) Where persons are sued as partners in the name of their firm, the sumtnons shall be served either : (a) upon any one or more of the partners; or (b) at the principal place at which the partnership business is carried on within Ethiopia upon any person having, at the time of service, the control or management of the partnership business there, as the court may direct, and such service shall be deemed good service upon the firm so sued, whether all or any of the partners are within or without Ethiopia. (2) In the case of a partnership which has been dissolved to the knowledge of the plaintiff before the institution of the suit, the summons shali be served upon every person within Ethiopia www.tgalawgroup.com TGA Global Law Firm LL.P CIVIL PROCEDURE CODE 35 whom it is sought to make liable. (3) Where a summons is issued to a firm and is served in the manner provided bv this Article, every person upon whom it is served shall be informed by notice in writing given at the time of such service, whether he is served as a partner or as a person having the control or management of the partnership business, or in both characters, and, in default of such notice, the person served shall be deemed to be served as a partner. Art, 99.- Service on agent by whom defendant carries on business (1) In a suit relating to any business or work against a person who does not r-eside within the local limits of the jurisdiction of the court by which the summons is issued, service on any manager or agent, who at the time of service, personally carries on such busi- ness or work for such person within such limits, shall be deemed (2) For the purpose of this Article, the master of a ship shall be deemed to be the agent of the owner or cbarterer. Art. 100.- Service on agent in charge in suits for immovable property Where in a suit to obtain relief respecting, or compensation for wrong to, immovable property, service cannot be made on the defendant in person, and the defendant has no agent empowered to accept service, it may be made on any agent of the defendant in charge of the pro- perty. Art. 101.- Service on member of defendant's family Where in any suit the defendant cannot be found and has no agent empowered to accept service, service may be made on any ad ... lt member of the family of the defendant who is residing with him. Art. 102.- Person served to sign acknowledgement (1) Where the serving officer delivers or tenders a C,'1PY of.the sum- mons to the defendant personally, or to an agent or other person on his behalf, he shall require the person to whom the copy is so delivered or tendered to sign an acknowledgement of service on the original summons. (2) Where such person refuses to sign the acknowledgment, the , www.tgalawgroup.com TGA Global Law Firm LL.P 36 CIVIL PROCEDURE CODE provisions of Art. 103 shall apply but the court may, if it thinks fit, rule that such person has been duly served and dispense with the requirements of Art . 105 (2). Art. 103.- Defendant who cannot be found Where the serving officer, after using all due and reasonable dili- gence, cannot find the defendant, and there is no agent em- powered to accept service, nor any other person on whom service can be made, the serving officer shall return the summons to the court from which it was issued, together with an affidavit as to the facts which prevented him from serving the summons and the provisions of Art. 105 (2) shall apply. ,'\ :t. UM.- Endorsement of time and manner of service When a summons has been served under Art. 102, the serving officer shall endorse or annex, or cause to be endoresed or annexed, on or to .the original summons, a return· stating the time when and manner in which the summons was served, and the name and address of the person, if any, identifying the person served and witnessing the delivery or tender of the summons. Art. 105.- Substituted service (1) Where the court is satisfied that there is reason to believe that the defendant is keeping out of the way for the purpose of avoiding service. or that for any other reason the summons cannot be ser- ved in the ordinary way, it shall order the summons to be served by affixing a copy thereof in some conspicuous place in the court- house, and also upon some conspicuous part of the house, if any, in which. the defendant is known to have last resided or carried on business or personally worked for gain, or in the manner pro- vided for by Arts. 106 and 107, or in such other manner, inclu- ding publications in newspapers, as it thinks fit. (2) Where a summons is returned under Art. 103, the court m.ay, oo the application of the plaintiff, issue a fresh summons or order substituted service under sub-art. (1): Provided that, where no such application is made-within three months from such return, the plaintiff shall be deemed to have been negligent within the meaning of Art. 70. www.tgalawgroup.com TGA Global Law Firm LL.P CIVIL PROCEDURE CODE 37 (3) Service substituted by order of the court shall be as effectu . .s if it bad been made on the defendant personally. (4) Where service is substituted by order of the court. the courr shall fix such time for the appearance of the defendant as the case may require. Art. 106.-- Service of summons by post (1) The court may, either in lieu of, or in addition to, the manner provided for service of summons in the preceding Article~ .. di1..:c1 the summons to be served by registered post addressed to the defendant or his agent empowered to accept service at the place where the defendant or his. agent ordinarily resides or carries on business or personally works for gain. (2) An acknowledgement purporting to be signed by the defendant or the agent or an endorsement by a postal employee that the defendant or the agent ref used to take delivery may be deemed by the court issuing the summons to be prima facie proof of service. Art. 107.- Service where defendant resides within jurisdiction of other court (1) A summons may be sent by the court by which it is issued either by one of its officers or by post to any court having jurisdiction in ihe place where the defendant resides or is known to have last resided, carried on business or personally worked for gain. (2) The court to which a summons is sent under sub-art. (1) shall, upon receipt thereof, proceed as if it had been issued by such court and shall then return the summons to the court of issue, together with the record, if any, of its proceeding<; with regard thereto. Art. 108.- Service where defendant resides out of Ethiopia Where the defendant resides out of Ethiopia and has no agent in Ethiopia empowered to accept service, the summons shall be ad- dressed to the defendant at the place where he is resiJ.ing and sent to him by post or, if his residence is not known, notice of the summons shall be given by publication in such newspaper circulating in Ethio- pia as the court may direct. www.tgalawgroup.com TGA Global Law Firm LL.P 38 CIVIL PROCEDURE CODE Art. 109.- Service on public servant 'Jr employee Whete the defendant is a public servant or is in the service of an or- ganization, institution or company, the court may, if it appears to it that the summons may be most conveniently so served, send it for service on the defendant to the head of the office in which he is emoloved, together with a copy to be retained by the defendant. Art. 110.- Duty of person to whom summons is delivered or sent for service (1) Where a summons is delivered or sent to any person for service under Art. 96 (1) or 109, such person shall be bound to serve it, if possible, and to return it under his signature, with the written acknowledgement of the defendant, and such signature shall be deemed to be evidence of service. (2) Where from any cause service is impossible, the summons shall be returned to the court with a full statement of such cause and of the steps taken to procure service, and such statement shall be deemed to be evidence of non-service. PARAGRAPH 2. SUMMONING AND ATTENDANCE OF WITNEs.SFS Art. 111.- Issue o.f summons The court may, on the conditions laid down in Arts. 249, 257 and 345, issue summonses to persons whose attendance is required either to give evidence or to produce documents: Provided that either party may, without applying for a summons, bring any person, whose name appears in the list annexed to the sta- tement of claim or defence, to give evidence or to prodm:e documents. Art. 112.- Expenses of witness (1) The party applying for a summons shall, before the summons is granted and within a period to be tixed, pay into court such a sum of money as appears to the court to be sufficient to defray the travelling and other expenses of tne witness m aneno1ng at the court m which he is required to attend, and for one day's attendance. (2) In determimng the amount payablt under sub-art. (1), the cou_rt www.tgalawgroup.com TGA Global Law Firm LL.P CIVIL PROCEDURE CODE 39 may, in the case of any person summoned to give evidence as an expert. allow reasonable remuneration for the time occupied both in giving evidetta: and in performing any work of an expert character necessary for the case. (3) The sum so paid into court shall be tendered to the witness at such time and in such manner as the court shall direct. Art. 113.- Additional payment (1) Where it appears to the court that the sum paid into court is not sufficient to cover such expenses or reasonable remuneration, the court may direct such further sum to be paid to the witness as appears to be necessary on that account. (2) Where a witness must be detained for more than one day, the court may orcier the party at whose instance he was summoned to · pay into court such sum as is sufficient to defray the expenses of his detention for such further period. (3) In case of default in payment under this Article, the court may either order such sum to be levied by attachment and sale of the mo.rable prooertv of the party obtaining the summons or dischar- ge the person summoned without requiring him to give evidence or may order both such levy and discharge. Art. 114.- Particulars to be specified in summons (1) Every summons shau specify the time and place at which the witness is reqmred to attend, and wnemer his attendance is requi- red for the purpose of giving evidence or producing a document, or both. (2) Any particular docc;11ent to be produced by the witness shall be described in the summons with reasonable accuracy. Art. 115.- Summons to produce document Any person may be summoned to produce a document, without being summoned to give evidence and any person summoned merely to produce a document shall be deemed to have comp- lied with the summons if he causes such document to be pro- duad instead of attending personally to produce the same. Art. 116.- Summons how served www.tgalawgroup.com TGA Global Law Firm LL.P 40 CIVIL PROCEDL'RE CODE Without prejudice to the provisions of Art. 118, every summons ser- ved under t~is Paragraph shall b\! served as nearly as may b\! u1 the same manner as a summons to a defendant and the provisions of the preceding Paragraph of this Chapter as to proof of service, exclusive of Arts. 103-105. shall apply in the case of all summon,es served under this Paragraph. Art. 117.- Time for serl'ing summons Service shall in all cases be made a sufficient time before the time specified in the summons for the attendance of the witness. to allow him a reasonat-le time for preparation and for travelling to the place at which his attendance is required. Art. 118.- Witness .fc,iling to comply K'ith summons {I) Where a witness fails to attend or to produce the document in compliance with the sum~ons. the court shall verify whether the summons has been du1y served. (2) Where the ..:ourt sees reason to believe that the evidence to be given or document to be produced by such witness is material: (a) if the court is satisfied that the summons has not been duly served. it may order the issue of a fresh summons on such terms as to costs or otherwise as it thinks fit; (b) if the cou~ is satisfied that the witness has without good cause failed to comply with such summons or has intentio1ully avoi- ded service, the court may make such order, including the issue of a warrant with or withoutt bail for the arrest of such person. as it considers necessary for the allendance of such person. (3) Nothing in this Article shall affect the provisions of Art. 442 of the Penal Code. Art. 119.- Duty to give evidence or produce document Whosoever is summoned to appear and give evidence in a suit shall attend at the time and place named in the summons, and who- soever is summoned to produce a document shall either attend to produce it, or cause it to be prc1uced, at such time and place. www.tgalawgroup.com TGA Global Law Firm LL.P CIVIL PROCEDURE CODE 41 Art. 120.-- When 1ritness may depart (I) Witnesses shall, unless the court otherwise directs, attend at each hearing until the suit has been disposed of, (2) On the application of either party and the payment through the court of all necessary expenses. if any. the court may require·any witness in attendance to execute a bond, with or without sureties, that he will attend at the next or any other hearing or until the suit is disposed of and, on hiss refusing to execute such bond, may order him to be detained in the civil prison. (3) The provisions of Art. 118 shall. so far as they are applicable, be deemed to apply to any person who having attended in compli- ance "'ith a summons departs, without lawful excuse, in contr~ vention of :.ub-art. (I). Art. 121.- J,Vitfle.u unable to give l'l'idence or.produce document Where any witness arrested under a warrant is brought before the court and cannot, owing to the .absence of the parties or any of them, give the evidence, or produce the document, which be has been summoned to give or produce, the court may relea~ him on his executing a bond, with or without sureties, that he will attend at such time and place as it thinks fit, and on his refusing to execute such bond, may order him to be detained in-the civil prison. CHAPTER 3. CO~IONS PARAGRAP8 1. GENERAL PROVISIONS Art. 121.- Principle Where for any of the reasons stated in this Chapter a court cannot exercise its powers to take evidence or such other action in relation to evidence as is mentioned in Paragraph 3 of this Chapter, it may by a commission or, where such powers are to be exercised outside Ethio- pia. by a letter of request, delegate its powers to such court or person, herenafter called the commissioner, as shall be specified in the com- mission. www.tgalawgroup.com TGA Global Law Firm LL.P 42 CIVIL J!R.OCEDURE CODE Art. 123.-Expenses of commi.uion to be paid into court (1) Before issuing any commission under Paragraph 2 of this Cha- pter, the court may orcfer such~. if any, as it thinks reasonable for the exoenses of the commission to be, within a time to be fixed, paid into court by the party ac whose instance or for whose benefit the commission is issued. (:Z) where a corryissioner is appoiraled under Paragraph 3 of this Chapter on 1'11e application of any party .• the provisions of Art. 112 sh:11! apply. Art. 124.-Pml"t'rs of Commissioners Unless otherwise directed by the oroer of appointement, any i:ommis- sioner may: ( a) examine the parties themsetves and any witness whom they ·or any of them may procace. and any other person whom the commissioner thinks proper to call upon to give evidence in the matt::, n;ferred to him; (b) call for and examine documents and other things relevant to the subject of inquiry; (c) at any reasonable time enter upon or into a land or building mentioned in the order. Art. 125.- Attendance and examination of witnesses before commissioner (1) The provisions of this Code relating to the summoning, atten- dance and examination of witnesses, an<1 to the remuneration of. and penalties to be imposed upon, witnesses, shah apply to per- sons required by the commissioner to -give evidence or to produce documents and for the pwposes of this Article the commissioner shall be deemed to be a civil court. (2) A commissioner may apply to any court within the local limits of whose jurisdiction a witness resides for the issue of any process whicti he may find it necessary to issue to or againsnuct, witness. and such court may, in its discretion, issue such pr~ as it con- siders reasonable and proper. Art. 126.- Parties to appear before commi~,;inner On appointing a commissioner the court shall direct that the partie~ www.tgalawgroup.com TGA Global Law Firm LL.P CIVIL PROCEDURE CODF 43 shall appear before the commissioner in person or by their agents or pleaders. PARAGRAPH 2. COMMISSION TO EXAMINE WITNESSES Art. 127.- When commission mar be issued (1) The.court may in any suit issue a commission for the examination of any person: (a) resident within the local limits of its jurisdiction who is from sickness or infirmity unable to attend it; (b) resident beyond such limits; (c) about to leave such limits before the date on which he is requi- red to be examined in court and whose evidence cannot con- veniently be taken under Art . 265. (2) A commission. may be issued under sub-art. (1) by the court either of its own motion or on the application, supported by affidavit or otherwise, of any party to the smt or of the witness to be examined. ,J) A commission issued under sub-art. (1) (a) may be issued to any person whom the court thinks fit to execute it. (4) A commission issued under sub-art. (1) (b) or (c) may be issued to any court within the local limits of whose jurisdiction the witness to be examined resides or will be present. or to any other person whom the court issuing the commission may appoint. Art. 128.- Return of commission (1) Where a commission has been duly executed, it shall be returned, together with the evidence taken under it, to the court from which it was issued. unless the order for issumg the commission has otherwise directed, in which case the commission shall be return- ed in terms of such order. (2) Th~ commission and the return thereto anrt. or as to his report. or as to the manner in which he has made the investigation. Art. 134.- Commission to investigate accounts (l) In any suit in which an examination or adjustment of accounts is necessary. the court may appoint a commissioner and-direct him to make such examination· or adjustment. (2) Any question as to the admissibility or inadmissibility of the documents or other evidence to which the investigation of ac- counts relates or any objection relating thereto shall be decided by the court before the commission is issued. (3) The court shall furnish the commissioner with such documents as have been ruled admissible under sub-art. (2) and with such part of the proceedings and such instructions as appear necessary, and the instructions shall specify whether the commissioner is merely lo transinit the proceedings which he may hold on the in- vestigation, or also to report his own a pinion on the point ref erred for his examination. (4) The court may give the comnuss1oner special directions with re- gard to the mode in which the accounts are to be taken or vouched and in particular may direct that the books in which the accounts in question have been kept shall be taken as prima facie evidence ot tne truth of th~ matters therein contained with liberty to the parties interested to take such obj~ction, thereto as they may be advised. (5) The provisions of Art. 133 (2) and (3) shall apply to commissio11, issued under this Article,. Art. 135.- Further investigation Where the court is for any reason dissatisfied with the proceedings www.tgalawgroup.com TGA Global Law Firm LL.P 46 CIVIL PROCEDURE CODE of a commissioner appointed under Art. 132 or 134 , it may direct such further investigation to be made as it shall think fit. Art. 136.- Aopointment of experts ( l) Whenever the court considers it necessary or expedient that the ·facts in dispute between.the parties should be. verified, it may of its own motion or on application issue a commission to one or more experts or other persons slalled in the matter, directing them to verify such facts and to report thereon to the court within such time as it shall fix. (2) The commission shall specify cleary and distinctly tne facts to be verified and the provisions of Arts. 133 and 134 (2) and (3) shall apply in appropriate cases. CHAPTER 4. PRODUcnON, JMPOUNDING AND RETURN OF DOCUMENTS Art. 137.- Docwnentarv evidenc:e when to be produced (1) The parties or their pleaders shall produce, at the first hearing of the suit, all the documentary evidence of every description in their possession or power, on which they !,.tend to rely, and which (l) The commission shall specify clearly and distinctly the facts to be has not already been filed in court, and all documents which the court may order to be produced. (2) The court shall receive the documents so produced which shall be accompanied by an accurate list thereof. (3) Without prejudice to the provisions of Art. 256, no document whith should be but is not annexed to or filed with the pleading or produced at the first hearing shall be received at a later stage in the suit on behalf of the party who should have so annexed, filed or produced it. (4) Nothing in this Article shall appl:) to documents produced for cross-examination of the defendant's witnesses, or in answer to any case set up by the defendant or handed to a witness merely to refresh his memory. Art. 138.~ Rejection of irrelevant or inadmissible documents The court may at any stage of the suit reject any document which it www.tgalawgroup.com TGA Global Law Firm LL.P CIVIL PROCEDURE CODE 47 considers irrelevant or otherwise inadmissible, recording the grounds of such rejection. Art. 139.- Endorsements on documents (1) Subject to the provisions of sub-art. (2), a judge shall endorse on every document which has been produced in the suit : ;a) the number and title of the suit; (b)" the name of the person producing the document; and (c) the date on which it was produced. (2) Where a document so produced is an entry in a J>ook, account or record, and a copy thereof has been substituted for the original under ·Art. 140, the particulars aforesaid shall be endorsed on the copy. Art. 140.- Endorsements on copies (1). Where a document produced in the suit is an entry in a letter- book or a shop-book or other account in current use, the party on whose behalf the book or account is produced may furnish a copy of the entry. (2) Where such a document is an entry in a book or account belon~ ging to a person other than a party on whose behalf the book or account is produced, the court may require a copy of the entry to be furnished : (a) where the book or account is produced on behalf of a party, then by that party; or (b) where the book or account is produced in obedience to an order of the court acting of its own motion, then by either or any party. (3) Where a copy of an entry is furnished under this Article the court shall, after causing the \;()PY to be examined, compared and certified in accoruance with Art. 230, m,ark the ~ntry and cause the book or account in which it occurs to be returned to the person producing it. Art. 141.- ·Endorsements on document5 rejected Where a document relied on as evidence by either party is considered by the court to be inadmissible in evidence, there shall ht endorsed thereon lhe particulars mentioned in Art. 139 (1), together with www.tgalawgroup.com TGA Global Law Firm LL.P 48 CIVIL PROCEDURE CODE a statement of its having been rejected, and the endorsement shall be signed or initialled by a judge. Art. 142.- Rernrding or admi11ed and return or rejected documents (1). Every document which has beep admitted in evidence, or a copy thereof where a copy has been substituted for the original und ... Art. 140. shall form part of the record of the suit. (2). DClCuments not admitted in evidence shall not form part of the record and shall be returned to the persons respective1y producing them. Art. 143.- Court may order anr dornment to be impunded Notwithstanding the provisions Art. 140, 142 and 230, the court may, if it sees sutficient cause. direct any document or t>ook pro- duced before it in any suit to be impounded and kept in the custody of the registrar for such period and subject to such conditions as the court thinks fit. Art. 144.- Return of admitted documents (l) Any person, whether a party to the suit or not, desirous of receiv- ing back any original document produced by him in the suit and placed on the record shall be entitled to receive back the same when: (a) a copy is substituted therefor in accordance with the provisions of Art. 140; and (b) such person undertakes to produce the original if required to to do so. (2). No document shall be returned which, by force of the decree, bas become wholly void or useless. (3). On the return d a document admitted in evidence, a receipt shall be given by the person receiving it. Art. 145.- Court may send for records (1). The court may of its own motion or on the application of any d the parties to a suit, send for either from its own records or from any other court, the record of any other suit or proceeding, and inspect the same. (2) Unless otherwise directed, an application under su1,.art. (1) stulll www.tgalawgroup.com TGA Global Law Firm LL.P CIVIL PROCEDURE CODE 49 show how the record is material to the suit ir which the applica- tion is made, and that the applicant cannot without unreasonable delay or expense obtain a duly authenticated copy of the record or of such parts, thereof as the applicant requires, or that the pro- duction of the original is necessary for the purposes of justice. (3). Nothing in this Article shall be deemed to enable the court to use i_n evidence any document which under the law of evidence would be inadmissible in the suit. Art. 146.- Provisions as to documents apply to material objects The provisions of this Chapter which apply to documents shall, so far as may be, apply to all other material objects producible as evidence. CHAPTER 5. PROVISIONAL REMEDIES PARAGRAPH 1. ARREST BEFORE JUDGMENT Art. 147.:__ Security for appearance (1) Where at any stage of a suit, other than a suit regarding immovable property, the court is satisfied by affidavit or other evidence on oath that the defendant or a plaintiff against whom a counter-claim has been lodged (a) with intent to delay the plaintiff, or to avoid any process of the court or to obstruct or delay the execution of any decree that may be passed against him 1s about to abscond or leave, or has absconded or left, the local limits of the jurisdiction of the court, or has disposed of or removed his property or any part part thereof from such limits; or (b) is about to leave Ethiopia under circumstances affording reasonable probability that the plaintiff will or may thereby be obstructed or delayed in the execution of any decree that may be passed against the defendant in the suit, the court may issue a warrant to arrest the- defendant and bring him before the court to show cause why be should· not furnish security for his appearance. (2). The defendant shall not be arrested if be pays to the officer ent- www.tgalawgroup.com TGA Global Law Firm LL.P so CIVIL PROCEDURE CODE rusted with the execution of the warrant such sum specified in the warrant as is sufficient to satisfy the plaintiff's claim. which swn shall be held in deposit hy the court until the suit is disposed of or until the further order of the court. Art. 148.- Amount of secumy (1). Where the defendant fails to show such cause the court shall order him either to deposit in court money or other property sufficient to answer the claim against him, or to furnish security for his appearance at any ume when called upon while tne suit is pending and until satisfaction of any decree that may be passed against him in the suit, or make such order as it thmks fit in regard to the sum which may have been paid bv the defendant under Art. 147 (2} (2). Every surety for the appearance of a defendant shall bind himself, in default of such appearance, to pay such sum of money as the defendant may be ordered to pay in the suit. Art. 149.'--Application by surety to be discharged (1). A surety for the appearance of a defendant may at any une apply to the court in which he became such surety to be discharged from his obligation. (2). On such application being made, the court shall summon the defendant to appear or, if it thinks fit, may issue a warrant for his arrest. (3) On the appearance of the detendaut in pursuance of the summons or ~arrant, or on his voluntary surrender, the court shall direct the surety to be discharged from his obligation, and shall call upon· the defendant to find fresh security. (4) Where the defendant is unable to find fresh security, uie ourt shalJ order him to deposit in court, if lre is able to do so, money or other property sufficient to satisfy any decree that may be pas- ~ against him. Art. 1!0.- Refusal to furnish security In cases of refusal to comply with ~ order under Art 148 or 149 (4) the court may order the defendant to be detained in the www.tgalawgroup.com TGA Global Law Firm LL.P CIVIL PROCEDURE CODE 51 civil prison until he complies with the order or until the decision of the suit or where a decree is passed against the defendant, until the decree ha~ ~en satisfied: Provided that the defendant may not he so detained tor more than six months. PARAGRAPH 2. ATTACHMENT BEFORE JUDGMENT Art. 151.- Security for production of property (1) Where, at any stage of a suit, the court is :.c1usfied, by affidavit or otherwise, that the defem'.::mt or a plaintiff against whom a ~ounter-claim has been lodged, with 4ntent to obstruct or delay the e?(ecution of any decree that may be passed against him: (a) is about to dispose of the whole or any. part of his ·property; or (b) is about to remove the whole or any part of his property from the local limits of the jurisdiction of the court, the court may direct the defendant, within a time to be fixed by it, either to furmsh security, tn such sum as may be specified in the order, to produce and ptace ai the disposal of the court, when required the said property or the value of the same, or such portion thereol as may be sufficient to satisfy the decree, or to appear and show cause why he should not furnisn security. (2) The plaintiff shall, unless the court otherwise.directs, specify the property required to be attached and the estimated value thereo( (3) The court may also in the order direct the conditional attachment of tlte whole or any portion of the property so specified. Art. 152.- Attachment of property (1) Where the defendant fails to show cause why he should not furnish security, or fails to furnish the security required, within the time fixed by the court, the court may order that the property specmeo,. or such portion thereof as appt:ars sut11cient to satisty any decree which may be passed in the suit, be attached. (2) Where the defendant shows such cause or furnishes the required secmitv after the property specnied or any portion of it has been www.tgalawgroup.com TGA Global Law Firm LL.P 52 CIVIL PROCEDURE. CODE attached, the court shall prder the attachment to be withdrawn, or make such other order as it thinks fit. Art. 153.- Making and effects of attachment (1) Unle~ ,.1therwise expressly provided, the attachment shall be- made m the manner provided for the attachment of property in execution of a decree. (2) Attachment befote judgment shall not affect the rights, existing prior to the attachment, of persons not parties to the suit, nor bar any person holding a decree against. the defendant from ap- plying for the sale of the propertv under the attachment in exe- cution of such decree. t3) Where any claim is preferred to property attached. before judg- ment, such claim shall be investigated in the same manner as a claim to property attached in execution of a decree for the pay- ment of money. (4) Where an order is made for attachment before judgment, the court shall order the attachment to be withdrawn when the defen- dant furnishes the security required, together with security for tne costs of the attachment, or when the suit is dismissed. (5) Where property has been attached under this Article and a decree is subsequently passed in favour of the plaintiff. it shall not be necessary upon an application for execution of '-UCh decree to apply for a reattachment of the property. PARA GRAPH 3. TEMPORARY INJUNCTIONS Art. 154.- When tempurary injunction may be granted Where in any suit it is proved by affidavit or otherwise: (a) that any property in dispute in the suit is in danger of bei~ wasted, damaged or alienated by any party to the suit. or wrongfully sold in execution of a decree; or (b) that the defendant thereatens or intends to remove or dispose of ha _p,operty with a view to defraud his creditors. the coatL rnay by order grant a temporary injunction to restrain such act, or make such other order for the purpose of staying and the wastiilg, damaging, alienation. ~ale, removal or disposition of www.tgalawgroup.com TGA Global Law Firm LL.P CIVIL PROCEDURE CODE the property as ·the codrt thinks fit. until the disposal of the auit or furtber orders. Art. 155.- Injunction to restrain repetition or continuance of breach (I) In any suit for restraining the defengant from committing a breach of contract or other act prejudicial to the plaintiff, whether compensation is claimed in the suit or not, the plaintiff may, at any time after the institution of the sait, and either before or after judgment, apply to the court for a temporaty injunction to res- train the defendant from committing the breach of contract or act complained of, or any breach of contract or act of a like kind arising out of the same contract or relating. to the same pr~ perty or right. (2) The court may by erder grant such injunction, on such terms as to the duration of the injunction, keeping an account, giving secu- rity , or otherwise, as it thinks fit. (3) Nothing in this Article shall affect the provisions of Art. 2121 of the Civil Corle. Art. 156.- Failure to comply with i-n,junction (1) In case of disobedience, or of breach of any such terms, the court granting an injunction may order the property of the person guil- ty of such disobedience or breach to be attached, and may also sentence such person for contempt of court m accordance wilh Art. 4C of the the Penal Code. (2) No attachment under sub-art. (I) shall remain i~ fon;e for more than one year, at the end of which time if the disobedience or bre- ach continues, the propert) attached may be sold, and out of the proceeds the court may award such compensation as it thinks fit, and shall pay the balance, if any, to the party entitled theretn Art. 157.- Notice to opposite party The court shall in ·all cases, except where it appears that the object of granting the injunction would be defeated by the delay, before grantin,z an injunction, direct notice of .the application for 0-- same to be given to the opposite party. www.tgalawgroup.com TGA Global Law Firm LL.P CIVIL PKOCEDURE CODE Art. 158.- Order may be discharged, varied or set aside Any order for an injunction may be dischargeo, or varied, or set aside by the ~ourt , on application made thereto by .any party dissa- tisfied with such order. Art. 159.- Injunction to body corporate binding on its officers An injunction directed to a body corporate shall be binding on the corporation itself as well as on all the members anrl officers thereof whose personal action it seeks to restrain. PARAGRAPH 4. INTERLOCUTORY ORDERS Art. 160.- Interim sale The court may, on the application of any party to a suit, order the sale, by any person named in such order, and in such manner and on such terms as it thinks fit, of any movable property, being the subjec._ matter of such suit , or attached before judgment in such suit, which is subject to speedy and natural decay, or which for any other just and sufficient cause it may be desirable to have sold at once. Art. 161.- Detention, preservation and inspection (1) The court may, on the application of any party to a suit, and on such terms as it thinks tn; (a) make an order for the detention, preservation or inspection of any property ":hich is the subject-matter of such suit, or as to which any question may arise therein; and (b) for all or any of the purposes aforesaid, authorize any person to enter upon or into any land or building in the possession of any other party to such suit, or any samples to be taken, or ~ny observation to be made or experiment to be tried, which may seem necessary or expedient for the purpose of ohtaining full information or evidence. (2) The provisions as to execution of process shall apply by analogy to persons authorized to enter under sub-art. (1). Art. 162.- Notice to opposite party <1) An application by the plaintiff for an order under Art. 160 or 161 www.tgalawgroup.com TGA Global Law Firm LL.P CIVIL PROCEDURE CODE ss may be made after notice to the defendant at any lllllc 11.rn:r msti- tutinn of tbe suit. (2) An application by the defendant for a like order may be made after notice to the plaintiff at any time after appearance. Art. 163.- Suspension of sale (1) Where a party in possession of land or tenure the subject-matter of a suit , neglects to pay the government revenue, or the rent due to the proprietor of the tenure, as the case may be, and such land or tenure is consequently ordered to be sold, any other party to the suit claiming to have an interest in such land ot tenure. may, upon payment of the revenue or rent due previously to the sale apply to the court tor the suspension of the sale and the court may grant the application on ... uch terms as it thinks fit. (2) The court in its decree may award aigainst the defaulter· the amount paid under sub-art. (1), with interest thereon at such rate as the court thinks fit, or may charge the amount so paid, with interest thereon at such rate as the court orders, in any adjustment of accounts which may be directed in the_ decree passed in the suit. Art. 164.- Deposit in court Where the subject-matter of a suit is money or some other thing capable of delivery and any party thereto admits that he bolds such money or other thing as. a trustee for another party, or that it belongs or is due to another party, the court may order the same to be depo- sited in court or delivered to such last-named party with or without security, subject to the further direction of the court. Art. 165.- Other orders ' Pending the decision of the suit, the court may at any time, on the application of any party of which notice shall be given to the other party, make _on such terms ash thinks fit such orders as it considcm necessary or expedient in the circumstances, including orders for the custody of a minor or the payment of alimonies. www.tgalawgroup.com TGA Global Law Firm LL.P 56 CIVIL PROCEDURE 'CODE PARAGRAPHS. APPOINTMENT OF RECEIVERS Art. 166.- When receiver may be appointed (1) Where it ap,-,ecus io ch. court to be just and convenient, the court may by order: (a) appoint a receiver of any property, whether before or after decree; (b) remove any person from the posse~ion or custody of the propc:rty; (c) commit the same to the possession, custody or management of the receiver; (d) confer upon the receiver all such powers, as to bringing and defending suits and for cne realization, management, protec- tion, preservation and improvement of the oroperty, the col- lection of the rents a!".J profits thereof, the application :mi disposal of such rents and profits, and the execution of docu- ments as the owner himself has, or such of those powers as the court thinks fit. (2) Where an application is maae for an order under sub-art. (1), the court shall have regard to the amount of.the debt claimed by the applicant, to the amount which may possibly be obtained. by the receiver and to the probable costs of his appointment and may, before malcing the appointment, direct such inquiries on these or other matters to be made as it thinks fit. Art. 167.- Remuneration The court may by ge~eral. or special order fix the amount to be paid as remuneration fnr the serY1ces of the receiver Art. 168.- Duties Every receiver appointed under Art. 166 shall: (a) furnish such security, if any, as the, court thinks fit, duly to account for what he shall receive in respect of the property; (b) submit his accounts at such periods and in such form as the court directs: (c) pay the amount due from him as the court directs; and (d) be responsible for any loss occasioned to the property by his www.tgalawgroup.com TGA Global Law Firm LL.P CIVIL PROCEDURE CODE wilful oerauJt or gross negligence. Art. 169.- Enforcement of receiver's duties Where a receiver: (a) fails to submit his accounts at such periods and_in such from as the court directs; (b) occasions loss to the property by his wilful default or Rtos.<1 negligence, the court may direct his property to be attached and sold and may apply the proceeds to make good any amo~ nt found to be due from him or any loss occasioned. by him, and shall pay the balance, if any, to the receiver. PARAGRAPH 6. AFFIXING OF SEMS AND MAKING OF 1NVEN TORIES Art. 170.- Principle (1) Where for the purpose of preserving property which may be or ts the subject of proceedings in court, the court considers that seals should be affixed the provisions of this 1-aragraph shall apply. (2) No seal when affixed shall be removed without an order of the court for which any interested party may apply. Art; 171.- Application for affixing of seals (1) An application for the atfixing of seals may be made to any court by any person who satisfies the court, by affidavit or otherwise, that property which may be the subiect of proccedinp in court should be preserved. (2) An order for the affixing of seals may be made at any stage of pro- ceedings in court by the court of its own motion or on application. (3) On making an order for the arfixing of seals, the court shall a~ point such person (hereinafter referred to as the offlcial• sealc:r) as it thinks fit to carry out such order. Art. 172.- Record (1) The official sealer atter having afixed seals in accdrdance with the order of the court, shall prepare a dated and signed record showing: www.tgalawgroup.com TGA Global Law Firm LL.P 58 CIVIL PROCEDURE CODE (aJ the order of the court and the date thereof; (b) a list of the property to which seals have been affixed and the place where such property is to be found; ( c)-a list of the articles to be sealed which cannot be found; and (d) the name of the caretaker, it any, in charge of the premises where the sealing has taken place. (2) The official sealer shall hand over to the registrar of the court any keys belonging to any locks he has sealed. Art. 173.- No seals to be affixed on certain property (1) No seals shall be affixed to: (a) perishable goods; (b) any property the affrung of seals to which might cause deterio- ration; (c) any propt:ny required for the use of a party to the suit speci- fically exempted from sealing by the court. (2) Where any property is committed to the use of anv person undei sub-art (1) (c), the otficial sealer shall ma1ee and oeposit in cu,m an inventory of all such property. Art. 174.- Wills and other documents (1) Where the oflicial sealer finds wills, sealed papers or other docu- ments he shall make ·a list of such papers and shall place them in a sealed bundle and forward such list to the court for instructions. a) The court shall make such order for the.dis~~ of such docu- ments as it thinks fit. Art. 175.- Removal of seals (1) Where an application for the removal of seals is made or where the court of its own motion proposes to order such removal, all interested parties shall be informed of thf' day when the order will be made and if they appear they may be heard. Any objection shall be considered by the court which shall, having heard the par- ties, give its decision forthwith. (2) When an order for the removal c,f ::..::als has been made the official sealer shall remove the seals and shall make a written dated and www.tgalawgroup.com TGA Global Law Firm LL.P CIVIL PROCEDURE CODE 59 signed report to the court !riving particulars of all property which he has unsealed. Art. 176.- Making of inventory (1) The court may, on the conditions laid down in Art 171. order that an inventory of property, which is or may be the subject of proceedings in court, be made by sucn person (hereinafter refemrl co as the otficial recorder ) as it thinks fit :o appoint. (2) The official recorder shall, in the preseT'1.:e of not less than two independent witnesses; prepare an inven·ory of the property spe- cified m the order of the court, containing: la) a reference co the order of the court; and (b) an accurate description . of each article entered in t!te inven- tory and the estimated value thereof. (3) Where the court. so orders, the estimation of value shall be made by an expert appointed under Art. 136, whose report, dated and signed, shall be attached as an annex to the official recorder's 1c:pon. (4) The report of the official recorder, dated a_nd signed, shall be forwarded to the court and, after being registered by the registrar of the court m a soec1al inventory register, shall form part of the record of the case. PARAGRAPH 7. HABEAS CORPUS Art. 177.- Application for habeas corpus (1) An application for habeas corpus may be made to the High Court by any person restrained otherwise than in pursuance of an order duly made under this Code or the Criminal Procedure Code. (2) The application shall be accompanied by an affidavit by the ap- plicant stating the name of the oerson under whose custody he is, the nature and place of the restraint and the DaJlles of the per- sons, if any, who can testify to the facts alleged in the application. (3) Where the person restrained if for whatever reason unable to make the application andJor affidavit himself. the same may he made by any penoe DE cause of action may sue for all or any of such reliefs, but if be omits except with the leave of the court, to sue for all such reliefs, he shall not afterwards sue for any relief so omitted. Art. 217.- Joinder of causes of action 1. Unless otherwise provided. a plaintiff mav unite in the same suit several causes of action against the same defendant, or the same. defendants jointly. 2. Any plaintiffs having causes of action in which they are jointly interested against the same defendant or the same defendants jointly, may unite such causes of action in the same suit. Art. 218.- Claims joined for recovery of imnwvable No cause of action shall be joined with a suit for the recovery of immo- vable property, except : (a) claims for mesne profits or arrears of rent with respect to s.uch property or any part thereof; , (b) claims for damages for breach of any contract under which such property or any part thereof is held; (c) claims in which the relief sought is based on the same cause of action. Art. 219.- Claims by ur against executor, administrator or heir No claim by or against an executor. administrator or heir as such shall be joined with claims hy or again,;t him pero;onally unless the o'rijflic'il'YR~sifl~1ril\ffl Jg~lilffidYiltle'ffrf1~~ !aC~fdP. r&tMF' nistrator or heir, or are such as be was entitled to, or liable for, joint- ly with the deceased person whom he represents. Art. 220.- Objections as to misjoinder All objections on the ground of misjoinder of causes of action shall be taken at the earliest possible opportunity and, in all cases where issues are settled, at or before such settlement, unless the ground of objection has subseq 1 1ent!y ariseo. and. any . such objection not so taken shall he deemed to have been waived. Art. 221.-S,,parate trial · The court may at any time order separate trials whene,·er it appears www.tgalawgroup.com TGA Global Law Firm LL.P CMLPROCEDUllECODE 73 that causes of action joined in one suit, whether by one or more plain- tiffs, or several claims stated together in one statement of claim, or the principal claim and the counter-claim cannot without delay or embarrassment be tried or disposed of together. PARAGRAPH 2. STATEMENf OF CLAIM AND OF DEFENCE Art. 222.- Contents of statement of claim (1) Every statement of claim shall contain: (a) the name and place of the court in which the action is brought; (b) the title of the action ; (c) the name, description, place of residence and address for ser- vice of. the plaintiff and defendant; (d) where the plaintiff or defendant is a person under disability, a statement to that effect; ( e) where the plaintiff is suing in a· representative capacity, a sta- tement showing the capacity in which he is suing; (f) the facts constituting the cause of action, and when and where it arose; (g) the facts showing that the court has jurisdiction; (h) the facts showing that the defendant is or claims to be interes=- ted in the subject-matter and is liable to be called upon to answer the claim; (i) where appropriate, a statement of the value of the subject- mater of the action. (2) In suits by or against the Government, instead of inserting the name and des£ription and place of residence of the plaintiff or defendant, it shall be ~ufficient to insert the appropriate name of the administrative authority __ concerned. Art. 223.- Annexes (1) The plaintiff shall attach to the staement of claim: (a) a list, which he shall certify to be complete, of t1'e witnesses to be called at the hearing, with their full name and address and the purpose for which they are to be called, and of the docu- ments on which he relies, specifying in whose possession or www.tgalawgroup.com TGA Global Law Firm LL.P 74 CIVIL PROCEDURE CODE power such documents are; (b) the original and a copy of any document in bis possession upon which he sues; (c) where he has no witnesses or documents to produce, a decla- ration to that effect. (2) A sufficient number of copies of the statement of claim and list, documents or declaration annexed there to shall be filed for the purpose of service on all the defendants named therein. (3) Notwithstanding the provisions of sub-art. (2), any document upon which the plaintiff sues may, with the permission of the court, bt: deposited in the registry where it shall be open to ins- pection by the defendant, instead of being copied and served on the defendant. Art. 224.- Relief to be stated (1) The statement of claim shall state specifially the relief which the plaintiff claims either simply or in the alternative, and it shall not be necessary to ask for general or other relief which may always be given as the court may think just to the same extent as if it had been asked for. (2) Where the plaintiff seeks relief in respect of several distinct claims or causes of action founded upon separate and distinct grounds, they shall be stated as far may be separately and dis- tinctly. Art. 225.- Identification of subject-matter (1) Where a claim relates to a specific thing, the statement of claim shall contain ·such particulars as are necessary to indentify such thing. (2) Where a claim relates to immovable property, the statement of claim shall contain a description of such property suffici 1 .!nt to identify it and. where such property can be identified ;,y boun- daries or numbers in a public record, the statement of daim shall specify such bounriaries or numbers. Art. 226. - Particulars as 1 0 amount of claim (1) Where the plaintiff seeks the recvvery of n!Oney_ the pi~c1se www.tgalawgroup.com TGA Global Law Firm LL.P CIVIL PROCEDURE CODE 15 amount claimed shall be indicated in the statement of claim. (2) Where the plaintiff sues for an amount which will be found due to him on taking unsettled accounts between him and the defendant. then, for purposes of pecuniary jurisdiction only, the approximate amount claimed shall, whenever possible, be indicated in the statement of claim. (3) Where the claim relates to a specific thing, the actual value of such thing shall he i'ldicated in the statement of claim. (4) Where the .;laim relittes to a generic thing, the current price of such thing shall be indicated in the statement of claim. Art. 227.- Claim relating to periodical dues (1) Where the claime relates to periodical dues payable for a speci- fied period of time, the value of the capital producing such dues shall be indicated in the statement of claim. (2) Where the claim relates to periodical dues payable for an unspe- cified period of time, then, for purposes of pecuniary jurisdiction only, the value of the annual amount of such dues multiplied. by twenty shall be indicated in the statement of claim,. Art. 228.- Establishment, enforcement or termination of right Where the plaintiff seeks to establish, enforce or terminate a right the actual value of which cannot be indicated in accordance with the preceding Articles, then, for purposes of pecuniary jurisdiction only, statement of claim shall, whenever possible, indicate the estima- ted pecuniary benefit, if any, which would accrue to the plaintiff in consequence of judgment being given in his favour. Art. 229.- Rejection of statement of claim by registrar The statement of claim shall be rejected by the registrar where: • (a) it is not in the fonn provided for by Art. 222; (b) it is not accompanied by the annexes provided for by Art. 223; or (c) it is not verified in the manner provided for by Art. 92. Art. 230.- Admission of statement-of claim by registrar Where there are no reasons for rejecting the statement of claim under www.tgalawgroup.com TGA Global Law Firm LL.P 76 CIVIL PROCEDURE CODE Art. 229, the registrar shall: (a) make the entry required by Art. 214; (b) examine and compare the original and cppy of any document attached to the statement of claim and, on finding the copy to be correct, shall certify it to be so and file it and shall return the original to the plaintiff after marking it for purposcii of identification; and (c) submit the·statement of claim and an)\Cxes to the court. Art. 231.- Rejectior1 of statement of claim by court (1) The court shall reject any statement of claim submitted under Art. 230 where: (a) it does not disclose any cause of action; or (b) the suit appears from the particulars in the statement of clam to be outside the jurisdiction of the court. (2) A claim for recovery shall be rejected where the plaintiff f aila to- proouce the secunllcs required by Art. 1-403 of the Civil Code. (3) On rejecting a statement of clai,n. under sub-art. (l),the court shaJl record.a .reasoned order to that etiect. Art. 232.- Effect of rejection (1) Where a statement of claJD1 is rejected, the registrar shall: (a) in cases of rejection under Art. 229, return the statement of claim and annexes to the plaiuaff and give him the reason for such rejection : Provided that, where the plaintiff is dissatisfied with the reason given for the rejection, he may apply within five days to the court for a revision of the registrar's decision; (b) in cases of rejection under Art. 231, refund the pJ.ointifT with_ the prescribed portion of the court fee oaid on filling the. sta- tement of claim and enter a note of the rejection in ~e reaia- ter of civil suits. (2) The rejection of" a statement of daun under Art..'229 or 231 all not of its own force preclude the plaintiff from· filing a new lta·· tement of claim with respect to the aamc cauae of ldioa. www.tgalawgroup.com TGA Global Law Firm LL.P CIVIL PROCEDURE CODE 77 Art. 233.- Service of statement of claim Where there are no reasons for rejecting a statement of claim under Art. 231, the court shall cause the statement of claim and annexes to be served on the defendant together with a summons requiring him to appear with his statement of defence on a day to be fixed in the summons and informing him that the case will be proceeded with notwithstanding that he does not appear or that he appears without his statement of defence. Art. 234.- Contents of statement of defence (1) Every statement of defence, to which there shall be attached the annexes mentioned in Art. 223, shall contain: (a) the name and place of the court in which the defence is filed; (b) the number of the suit; (c) the facts, if any, showing that the claim is inadmissible on grounds of want of capacity or jurisdiction, or limitation; (d) a concise statement of the material facts on which the defen- dant relies for his defence 'and generally of any ground of de- fence which. if not raised. would be likely to take the opposite party by surprise or, to raise issues of fact not arising out of the statement of claim; (e) a specific denial of any fact stated in the statement of claim which is not admitted: (f) precise details of the counter-claim, if any, in which case the provisions of Art. 224 shall apply by analogy. (2) The provisions of Art. 223 (3) shall apply by analogy in appro- priate cases. Art. 235.- Evasive denial (I) Where a defendant denies an allegation of fact in the statement of claim, he shall not do so evasively, but answer the point of substance and if an allegation is made with divers circumstances, it shall not be sufficient to deny it along with those circumstances. (2) Every allegation of fact in the statement of claim, if not denied specifically or by necessary implication, or stated to be not ad- mitted in the statement of defence, shall be taken to be admitted except as against a person under disability: www.tgalawgroup.com TGA Global Law Firm LL.P 78 CIVIL PROCEDURE CODE Provided that the court may in its discretion require any fact so admitted to be proved otherwise than by such admission. Art. 236.- Particulars of set-off (l) Where in a suit for the recovery of money the defendant claims to set-off against the plaintiffs demand any ascertained sum of money legally recoverable by him from the plaintiff, not excee- ding the pecuniary limits of the jurisdiction of the court, and both parties fill the same character as they fill in the plaintiffs suit, the defendant shall in his statement of devence give the parti- culars as to the debt sought to be set-off. (2) The statement of defence shall have the same effect as a state- ment of claim in aross-suit so as to enable the court to give a final judgment with respect both to the original claim and to the set-off. Art. 237.- Defence or set-u_fffowzded upon separate grounds Where the defendant relies upon several distinct grounds of de- fence or set-off founded upon separate and distinct facts. they shall be stated, as far as may be. separately and distinctly. Art. 238.- Esamination of statement of defence ( 1) On the day fixed under Art. 233. the court shall examine the sta- tement of defence and the provisions of Art. 229 shall ..;,,;,ly by analogy in appropriate cases. (2) Where the statement of defence is not rejected under sub-art. (1 ). the court shall examine whether it contains a counter-claim or claim of set-off and the provisions of Art. 231 shall apply by analogy in appropriate cases so far as concerns such counter- claim or claim of set-off. (3) Where a statement of defence is rejected under this Article. the case shall be proceeded with in accordance with the provisions of the following Chapter notwithstanding such rejection. <\rt. 239.-- Further pleadings (l) Where a statement of defence containing a counter-claim or claim of set-off is not rejected under Art. 238. the court shall www.tgalawgroup.com TGA Global Law Firm LL.P CIVIL PROCEDURE CODE 79 ask the plaintiff to state-whether he wishes to reply thereto and shall, if be so wishes, require him to submit a written reply within time as it shall fix. (2) On the expiration of the period of time fixed under sub-art. (1), the court shall declare the pleadings closed notwithstanding that the plaintiff fails to submit his reply or that the reply is ina- dmissible on any of the grounds mentioned in Arts. 229 and 231 and the · case shall thereupon be proceeded with in accordance with the provisions of, the following Chapter. Art. 240.- Notice to admit documents (1) Either party may , by notice in the form prescribed by the Third Schedule to this Code, call upon the other party to produce or admit any document. (2) Such notice shall be given not later than ten days before the hear- ing so as to enable the opposite party to reply thereto before the hearing or to produce the document at the hearing. CHAPTER 2. TRIAL OF surr. PARAGRAPH 1. PROCEDURE AT FIRST HEARING Art. 241.- Examination of parties (1) At the first hearing of the suit, the court shall, after verifying the identity of the parties if they appear in person, read the pleadings and ascertain from each party or his pleader whether he admits or -denies such allegations of fact as are made in the statement of the other party and as are not expressly or by ne- cessary implication admitted or denied by the party against whom they are made (2) Any party appearing in person or present in court, or any person able to answer any material question relating to the suit by whom such party or his pleader is accompanied, may be exami- ned orally by the court which may, if it thinks fit, put in the \.'.ourse of such examination questions suggested hv either part\ (3) Where the pleader of any party who appears by a pleader or any · such person as is referred to in sub-art. (2) refuses or is unahle www.tgalawgroup.com TGA Global Law Firm LL.P 80 CIVIL PROCEDURE CODE to answer any material question relating to the suit which the court considers that the party whom he represents ought to answer and is likely to be able to answer if examined in person, the court may adjourn the hearing to a future day and direct that such par- ty shall appear in persor, on that day.: (4) TJ:ie substance of the examination held under this Article and any admission or denial made in the course thereof shall be re- duced to writing by the court and shall form part of the record Art. 242.- Judgment on admissions Any party may, when the opposite party has given notice by his pleading or otherwise in writing that he admits the truth of the whole or any part of the case of the other party, or has made admissions of fact during the examination held under Art. 241, apply to the court for such judgment or order as he may be entitled to upon such admissions, without waitaing for the determination of any other question between the parties and the court may thereupon make such order or give such judgment as it thinks fit. Art. 243.- Saving Nothing in the preceding Articles shall prevent the court at any later stage of the suit from calling upon any party to admit a fact or document and shall then record whether such party admits or re- fuses or neglects to admit the same, whereupon it may in accor- dance with Art. 241 give judgment or make such other order as it thinks fit. Art. 244.- Preliminary objections (1) Before proceeding with the trial of the suit, the court shall de- cide such preliminary objections as may be taken by the parties. (2) The provisions of Art. 245 shall apply where either party states that: (a) the court has no jurisdiction; (b) the subject-matter of the suit is res judicata; (c) the suit is pending in another court; (d) the other party is not qualified for acting in the proceedings: www.tgalawgroup.com TGA Global Law Firm LL.P CIVIL PROCEDURE CODE 81 (e-) pnor pt·rmission to sue has not been obtained, when this is required by law, ( t) the suit is barred by limitation; or (g) the claim is to be settled by arbitration or has previously been made the subject of a compromise or schemP. of arrangement. (3) Where there 'are several objections under this Article, they shall all be taken together and anv objection not t::iken at the earliest possible opportunity sqall be deemed to have been waived, unless the ground of objection is such as to prevent a valid judgment from being given. Art. 245.- Decision on objection (1) The court shall decide any objection taken under Art. 244 after hearing the opposite party and ordering the production of such evidence as may be necessary for the decision to be made. (2) Where the court is satisfied that the objection is well-founded, it shall, in the case of an objection under Art. 244 (1) (b) or (f), dismiss the suit and, in other cases, strike out the suit and/or make such other order as it thinks fit. (3) The striking out of the suit shall not of its own force preclude the institution of a fresh suit with respect to the same cause of action and the court shall, in appropriate cases, inform the plain- tiff that he may sue in the court having jurisdiction or in the court in which the previously instituted suit is pending. (4) Where a suit is dismissed on the ground of want of jurisdicti01., the prescribed portion of the court fee paid on the filing of tne statement of claim chall be refunded. (5) Any decision taken under this Article shall be recorded together with the reasons for such decision. Art. 246.--- Framing vf issues (1) After preliminary objections, if any, have been decided, t~ court shall ascertain upon what material propositions of fact or of law the parties are a variance, and shall thereupon proceed to frame and record the issues on which the right decision of the case appears to depend. (2) Nothing in sub-art. (1) shall compel the court to frame and re- www.tgalawgroup.com TGA Global Law Firm LL.P 82 CIVIL PROCEDURE CODE cord issues where the defendant at the first hearing of the suit makes no defence. Art. 247.- Issues defined (1) Issues arise when a m._aterial proposition of fact or of law is af- firmed by one party and denied by the other. (2) Material propositions are those propositions of fact or of law which a plaintiff must allege in ord.er to show a right to sue or a defendant must allege in order to constitute his defence. (3) Each material proposition affirmed by one party and denied by the other shall form the subject of a distinct issue. (4) Where issues both of fact and of law arise in the same suit, and the court is of opinion that the case or any part thereof may be disposed of on the issues of law only, it shall try those issues first, and for that purpose may, if it thinks fit, postpone the set- tlement of the issues of fact until after the issues of law have been determined. Art. 248.- M ateria/s from which issues may be framed The court may frame the issues from all or any of the following ma- terials: ( a) allegations made in the pleadings; (b) the contents of documents produced by either party; or (c) allegations made by the parties, or by any persons present on their behalf, or made by the pleaders of such parties in the course of the examination held under Art. 241. Art. 249.- Court may examine witnesses or documents before framing issues Where the court considers that the issues cannot be correctly framed without the examination of some person not before the court or without the inspection of some document of a kind other than that mentioned in art. 137 (1) but which the Court deems relevant, it may adjourn the framing of the issues to a future day, and may compel the attendance of any person or the production of any document by the person in whose possession or power it is by sum- mons or other process. www.tgalawgroup.com TGA Global Law Firm LL.P CIVIL PROCEDURE CODE 83 Art. 250.-+- Dispute as to amount of claim Where the .parties disagree as to the amount or value of the subject- matter of the suit, the court may adjourn the framing of the issues to a future day and issue a commission under Art. 132 or 136. Art. 251.- Power to amend and strike out issues (1) The court may at any time before judgment amend the issues or frame additional issues on such terms as it thinks fit, and all such amendments or additional issuei as may be necessary for determining the matters in controversy between the parties shall be so made or framed. (2) The court may also, at any time before judgment, strike out any issues that appear to it to be wrongly framed or introduced. Art. 252.- Questions of fact or law may be slated in form of issues Where the parties agree as to the question of fact or of law to be decided between them, they may state the same in the form of an issue, and enter into an agreement in writing that, upon the finding of the court in the affirmative or the negative of such issue (a) a sum of money specified in the agreement or to be ascer- tained by the court, or in such manner as the court may direct, shall be paid by one of the parties to the other of them, or that one of them be declared entitled to some right or subject to some liability specified m the agreement : or (b) some property specified in the agreement and in dispute in the suit shall be delivered by one of the parties to the other of them, or as that other may direct; or (c) one or more of the parties shall do or abstain from doiHg some particular act specified in the agreement and relating to the matter in dispute. Art. 253.- Judgment on agreement executed in good /•ith (1) Where the court is satisfied, after making such inquiry as it deems proper (a) that the agreement under Art. 252 was duly executed by the parties; (b) that they have a ~uhstantial interest in the decision of such www.tgalawgroup.com TGA Global Law Firm LL.P 84 CIVIL PROCEDURE CODE question as aforesaid; and (c) that the same is fit to be tried and ~ecided it shall proceed to record and try the issue, and state its finding or decision thereon in the same manner as if the issue had been framed by the court. (2) Upon the finding or decision on such issue, the court shall pronounce judgment in terms of the agreement._ Art. 254.- Parties not at issue ..: (1) Where after preliminary objections, if any, have been decided, it appears that the parties are not at issue on any question f>f law or of fact, the court mav at once pronounce judgment. (2) Where any one of several defendant~ is not at issue with the plaintiff on any question of law or of fact,~ the court may at once pronounce judgment for or against such defendant and~ the suit shall proceed only against the other defendants. Art. 255.- Parties at issue (1) Where the parties are at issue on some question of law or of fact, and issues have been framed by the court as hereinbefore provided, if the court is satisfied that no further argument or evidence than the parties can at once adduce 1s required upon such of the issues as may be sufficient for the decision of the suit, and that no injustice will result from proceeding with the suit forthwith, the court may proceed to determine such issues. (2) If the finding on the issues is sufficient for the decision, the court may pronoun1:e Juogment accordingly. Art. 256.- Failure to produce evidence J) Where evidence which should have been produced in accordance with Art. 137 or 249 is not so produced due to the default of either party, the court may at once pronounce judgment or may, for good cause to be recorded, adJoum the hearing on such terms as to costs or otherwise as it thinks fit. (2) Where a suit is founded upon a negotiable instrument. and it is proved that the instrument is lost, and an indemnity is given \ \ www.tgalawgroup.com TGA Global Law Firm LL.P I I I ' CIVIL PROCEDU Kt: CODE 85 by the plaintiff, to the satisfaction of the court, against the claims of any other person upon such instrument, the court may at once pronounce such judgment as it would have pronounced if the instrument had been produced. PARAGRAPH .2. HEARING OF SUIT AND EXAMINATION OF WITNFSSFS Art. 1.57.- Summonses Where the court is satisfied that evidence other than that produced under Art. 249, if any, is required for the proper determination cf the suit, it may aoJourn the heanng ot the suit to some tuture day and summon the witnesses whose appearance is required by either party to appear on such day. Art. 258.- Opening of hearing (1) On the day fixed for the hearing of the suit, the plaintiff shall be entitled to begin unless the defendant admits the facts alleged by the plaintiff and contends that either in point of law or on some additional facts alle_ged by the defendant, the plaintiff is not entitled to any part of the relief which he seeks, in which case the defendant shall be entitled to begin. (2) In courts consisting ot three judges evidence may be produced in accdrdance with the provision of the following Articles not withstanding that only two judges are present. Art. 259.-- Statement and production of evidence (1). The party entitled to begin shall state his case and produce his evidence in support of the issues which he is bound to prove. (2). The other party shall then state his case and produce his evid- ence and may address the court generally on the whole case. (3). The party beginning may then reply generally on t~e whole case. Art. 260:-- Evtdence where several issues (1). Where there are several issues, the burden of proving some of which lies on the other party, the partv beginning may, at his option, either produce his evidence on those issues or reserve it by way of answer to the evidence produced by me other party. www.tgalawgroup.com TGA Global Law Firm LL.P 86 CIVIL PROCEDURE CODE (2) When evidence is reserved, the party beginning may produce such evidence after the other party has produced all his evidence, and the other party may then reply specially on the evidence so pro- duced by the party beginning but the latter party shall then be entitled to reply generally on the whole case. Art. 261.-- Manner of giving evidence (1) The party entitled to begin shall call his witnesses who, after taking an oath or affirmation in the form provided for by tre Third Schedule to this Code, shall be examined-in-chief by such other party and may be re-examined by the party beginning. (2). If a party wishes to give evidence on his own behalf, he shall do so before calling his witnesses and he shall then for all practical purposes be deemed to be a witness. (3). Witnesses shall give evidence orally in open court, unless the court otherwise directs for good cause to be recorded. (4). The court may at any time put to a witness any question which appears necessary for the proper determination of the suit. Art. 262.-- When deposition to be interpreted Where evidence is to be given in a language other than Amharic, it shall be interepreted by the official interpreter or by such other person as the court may appoint for the purpose, which person shall before interpreting the evidence, take the oath or affirmation in the form provided for by the Third Schedule to this Code. Art. 263.- Form of questions (1). Questions put in examination-in-chief shall only relate to facts relevant to the issues to be decided and only to such facts of which ~he witness has direct or indirect knowledge. (2) No leading question shall be put to a witness without the permis- sion of the court (3) Questions put in cross-examination shall tend to show to the court what is erroneous, doubtful or untrue in the answers given m examination-in-chief. Leading questions may be put in cross- examination. (4). No question shall be put in re-examination except for the pur- www.tgalawgroup.com TGA Global Law Firm LL.P CIVIL PROCEDURE CODE 87 pose of clarifying matters which have been raised in cross- examination. Art. 264.-- Court may examine other persons (I). Any person present in court may be required by the court to give evidence or to produce any doc'4rne1 .t then and there in his possession or power. (2). Where the court considers it necessary at any time to examine any person other than a party to the suit and not called as a witness by a party to the suit, it may of its own motion summon such person as a witness to give evidence or to produce any document in his possession on a day to be fixed and may examine him as a witness or require him to produce such evidence. (3). Un issuing a summons under sub-art. (2), the court may, where it considers that such nerson should have been called as a witness by either party for the proper determination of the suit require the defaulting party to comply with the provisions of Art. 112 or make such order as to costs as it thinks fit. Art. 265.-- Poll'er to examine ll'itness immediately (1). Where at any time after the institution of a suit the court is satisfied that the evidence of. a witness should be taken imme- diately, it may, on the application of any party or of the witness, take the evidence of such witness in the manner hereinbefore provided and such evidence may then be read at any hearing of the suit. (2). Where such evidence is not taken forthwith and in the presence of the parties such ;-11Jt1ce. as the court thinks sufficient of the day fixed for the examination. shaU be given to the parties. Art. 266.-- Court 111a_r recall and exarnine ll'itness The court may at any stage of a suit recall any witness who has been examined and may put to him such questions as it thinks fit. Art. 267.-- Refi,sal o( party to gire evidence Where any party to a suit present in court refuses, without lawful excm;e, when requirt>d by the court, to give evidence or to produce any document then and there in his possession or power, the court www.tgalawgroup.com TGA Global Law Firm LL.P 88 CIVIL PROCEDURE CODE may pronounce judgment against him or make su.:h order in relation to the suit as it thinks fit. Art. 268.-- Rules a.\· to wifllesse.\· to app~r to parries sw,11wmed Where any party to a suit is required to give evidence or to produce a document, the provisions as to witnesses shall apply to him as far as they are applicable. Art. 269.-- Recording or e1•ide11ce ( t ). The evidence of each witness shall start with .his name, age. occupat10n and address and an indication that he has been sworn or affirmed. (2) The evidence of each witness shall be taken down in writing by the presidjng judge or, 11 he is for some reason unable co record, by a jl!.,dge or clerk under his personal direction and superin- tendence. (3). The evidence shall be divided into cxamination-in-chkf. cross- examination '.!.nd 1e-examination with a note as to where 1 the cross examination and re-examination begin and end. (4). The evide9ce shall ordinarily be taken down in the form of a narrative, but the presiding judge may in his disnction take down or cause to be taken down any particular question and answer. (5). When completed. the record shall bi! signed by the court. Art. 270.-- Recording or objections Where any question put to a witness is objected to by a party or his pleader, and the court allows the same to he put. the q11estion, the answer, the objection and the name of the person making it shall be recorded together with the decision of the court thereon. <\rt. 271.-- Evidence recorded bv another court (1) No change in the constitution of any court pnor to the conclu- sion of a suit shall affect evidence recorded in such court before such change occurred and the suit shall be proceeded with on that evidence as recorded. (2). The provisions of sub-art. (1) shall apply by analogy .to evidence taken in a suit transferred under A1i.. 31. www.tgalawgroup.com TGA Global Law Firm LL.P CIVIL PROCEDURE CODE 89 Art. 272.-- Pmrer o( court to inspect The court may at any stage of the suit inspect any property or thing concerning which any question arises and shall in such a case draw up a proces-verbal of its proceedings which shall form part of the record. Art. 273.-- Judg,mrnt After the evidence has been concluded and the address and reply under Art. 259, if any. have been made, the court shall give judgment CHAPTER 3. DISCONTINUANCE OF SUITS PARAGRAPH I. COMPROMISE AND WITHDRAWAL Art. 274.- Principie (I). The parties may by a compromise agreement relating to all or some of the matters in issue terminate a dispute with respect to which a suit has been instituted. (2). Without prejudice to the provisions of this Chapter, the pro- visions of Arts . 3307-3324 of the Civil Code shall apply to com- promise agreements, in particular as regards the effect of, appeal from and invalidation of such agreements. Art. 275.- Making of compromise agreement (1) A compromise agreement may at any time be made by the parties at the hearing or out of court, of their own motion or upon the court attempting to reconcile them. (2). The court may, on the application of the parties, indicate to them the lines on \V!!ich a compromise agreement may be made. Art. 276.- Contents of compromise agreement (1). A compromise agreement shall contain (a) the name and place of the court in which the suit is pending; (b) the title of the action and the number of the suit; (c) the name, description, place of residena: and addres.1 for service of the parties; and (d) the matters to which the agreement relates. (2) The compromise a!l;reement may settle all accessory matters, www.tgalawgroup.com TGA Global Law Firm LL.P 90 CIVIL PROCEDURE CODE m particular as regards costs, damages and execution. Art. 277.- Recording of compomse agreement (1) Where a compromise agreement is made at the hearing, it shall be reduced to writing and signed by the parties and the court shall thereupon enter it in the case file on being sati~fied that its terms are not contrary to the law or morals. (2). After entering the compromise agreement in the case file the court may, on the application of the parties, make an order or give judgment in terms of such agreement. (3). Where a compromise agreement is made out of court, the court shall be informed thereof and the plaintiff may apply to the court for permission to withdraw from the suit. Art. 278.- Withdrawal or abandonnient with leave (1). At any time after the institution of a suit the plaintiff may, as against all or :my of the defendants, withdraw his suit or abandon part of his claim. (2) Where the court is satisfied: (a) that a suit must fail by reason of some formal defect; or (b) that there are other 'sufficient grounds for allowing the plain- tiff to institute a fresh suit for the subject-matter of a suit or part of a claim, it may, on such terms as it thinks fit, grant the plaintiff permission to withdraw from such suit or abandon such part of a claim with liberty to institute a fresh suit in resoect of the subject-matter of such suit or such part of a claim. (3) In any fresh suit instituted on permission granted under sub- art. (2), the plaintiff shall be bound by the law of limitation in the same manner as if the first suit had not been instituted. Art. 279.- Withdrawal or abandonment without leave (1) Where the plaintiff withdraws from a suit,. or abandons part of a claim, without the permission referred to in Art 278 (2), he shall be liable for such costs as the court may award and shall be precluded from instituting any fresh suit in respect of such subject-matter or such part of the claim. www.tgalawgroup.com TGA Global Law Firm LL.P CIVIL PROCEDURE CODE 91 (2). Nothing in this Article shad be deemed to authorize the court to permit one of several plaintiffs to withdraw without the consent of the others. Art. 280.- Extinc1ion of cause of action Where at any stage of a suit it is proved to the satisfaction of the court that the cause of action no longer exists, the court, shall, on such terms as to costs as it thinks fit, dismiss the suit llnd record a reasoned order to that effect. PARAGRAPH 2. PA YME1'T INTO CQIJRT Art. 281.- Deposit by defendant of amount ""satisfaction of claim (1) The defendant in any suit to recover a debt or damages may. at any stage of the suit, deposit in court su1.;h sum -of money as he con ·d a satisfaction in full of the claim. s1 ers (2). Notice of the deposit shall be given through the court by the defendant to the plaintiff, and the amount of tfte deposit shall, unless the court otherwise directs, be paid to the .i>laintiff on his application. Art. 282.- Deposit accepted as satisfaction in part (1) Where the pla1utiff accepts the amount deposited as satisfaction in part only of his claim, he may prosecute his suit for the balance. (2). Where the court decides that the deposit by the defendant was a full satisfaction of the plaintiffs claim, the plaintiff shall pay t\'e costs of the suit incurred after the deposit and the costs incur- red previous thereto, so far as they were caused by excess in the plaintiff's claim. Art. 283.- Deposit accepted as satisfaction in full (1). Where the plaintiff accepts the amount deposited as satisfaction in full of his claim, he shall present to the court a statemem to that effect, and such statement shall be tiled and the court shall pronounce judgment accordingly. (2). In directing by whom the costs of each party are to be paid, the court shall consider which of the parties is most to blame for the litigation. www.tgalawgroup.com TGA Global Law Firm LL.P 92 CIVIL PROCEDURE CODE BOOK IV. SPECIAL PROCEDURES CHAPTER 1. SUMMARY PROCEDURE Art. 284.- Special endorsement on statement nf claim All suits where the plaintiff seeks only to recover a debt or liquida- ted demand in money payable by the defendant, with or without interest, arising: (a) upon a contract, expressed or implied such as on a bill of exchange, promissory note or cheque, or other simple con- tract debt; or (b) on a bond or contract written for payment of a liquidated amount of money; or (c) on a guaranty where the claim agamst the principal 1s in respect of a debt or liquidated amount only, may, at the option of the plaintiff, be instituted upon payment ex the prescribed court fee by presenting a statement of claim endorsed ,.Summary Procedure", and accompanied by an afidavit made by the plaintiff or by any other person who can swear positively to the facts, verifying th_~ cause of action, .and the amount claimed, if any, and stating that in his belief there is no defence to the suit. Art. 285.- Judgment in dejault of application for leave to defend (1) Upon the filing of an endorsed statement of claim and an af- fidavit as provided in Art 284 , the court shall cause to be served upon the defendant a summons in the form prescribed by the Se- cond Schedule to this Code or in such other form as may be pre- scribed, and the defendant shall not appear and defend the suit except upon applying for and obtaining leave from the court. (2) In default of such application by the defendant or by any one of several defendants within the period fixed by the summons erwd upon him, the plaintiff shall be entitled to a decree for an amount not exceeding the sum claimed in the statement of claim together with interest, if any, and costs against the defendant or such of the defendants as have failed to apply for leave to ap- pear and defend the suit. www.tgalawgroup.com TGA Global Law Firm LL.P CMLPROCEDURECODE 93 Art. .286.- Application for leave to defend (I) An application by the defendant for leave to apPCar and defend the suit shall be supported by an affidavit, which shall state whether the defence alleged goes to the whole or to part only and , if so, to what part of the plaintiff's claim and the coun also may allow the defendant making the application to be exa- rmneo on oath. (2) The court may ()rder thP. defend:lnt to attend and be examinPti upon oath, or to produce any deeds, books or documents, or copic:s of or extracts therefrom. 1 3 J The plaintiff shall be served with notice of the application and with a copy of the affidavit filed by the defendant. Art. "JKI.- judgment upon r~fusal to Rive leave Where, after hearing an application by a defendant for leave to ap- pear and defend the suit, the court refuses t~ grant such leave, the plaintiff shall be entitled to jud8JDCDt as against such defe~dant. Art. 288.- Judgment for part of claim (I) Where it appears that the defence appli~ only to a part of the claim or that any part of the claim is admitted, the plaintiff shall be entitled to a judgment forthwith for such part of his claim ~ the defence does not apply to or as is admitted, on such terms as to suspending execution or the payment of any amount realised by attachment into court, Ule taxation of costs or otherwise as the court may think ht. ' (2) The defendant may be allowed to appear and defend as to the residue of the plaintitrs claim. Art. 289.- Judgment against one of several defendants Where it appears to the court that any -defendant has a good defence to or ought to be permitted to appear and c1etend the swt, arid that any other defendant has not such detence and ought not to be per- mitted to defend, the former may be permitted to appear and de- fend, and the plaintiff shall be entitled to iswe a decree against the latter. and may issue execution upon such decree without prejudice to his right to proceed with his suit against the former. www.tgalawgroup.com TGA Global Law Firm LL.P 94 CIVIL PROCEDURE CODE Art. 290.- Leave to def end may be conditional Leave to appear and defend the suit may be given unconditionally, or subject to such terms as to the payment of monies into court, giving security or time or mode of trial or otherwise, as the court m~v think fit Art. 291.- Orders for further conduct of suit Where leave, whether conditional or unconditional, is given to ap- pear and defend, the court shall have power to give all directions and make all orders as to pleadings, issues, and any further steps in the suit as may then appear reasonable or necessary, or may order the suit to be forthwith set down for hearing. Art. 292.- Se!tinl{ aside judgment After the judgment the court may, if satisfied that the service of the summons was not ettective, or for any other good cause to be re- corded , set aside the decree, and if necessary stay or set aside execu- tion, and may give leave to the defendant to appear to the sumn:.ons and to defend the suit, if it seems reasonable to the court so to do, and on such terms as the court thinks fit. CHAPl'ER 2. INTERPLEADER Art. 293.- Definition A suit of interpleader 1s a suit wherein a person in possession of pro- perty or owing money which 1s or may be claimed adversely by two or more persons, to one or other of whom alone he can· be liable, seeks-to be relieved from liability to the claimants, or either of them, with regard to the disposition of such property or money. Art. 294.- Statement of claim in interpleader suit A suit of interpleader shall be instituted by filing, upon payment of the prescribed court fee, a statement of claim whim shall, in ad- dition to the particulars required by Art. n, state: (a) that the plaintiff claims no interest in the subject-matter in dispute other than for charges or costs; (b) the claims made by the defendants severally ; and (c) that there is no collusion between the plaintiff and any of the www.tgalawgroup.com TGA Global Law Firm LL.P CIVIL PR.OCEDUllB. CODE defendants. Ad.~ Pay,n,mt of tJrilw claim«l iltto COIITt Where the lliDg darimcd ii capable of being paid into court or J>)aced in the custodv of the court the plaintiff may be required to so ,..Y or place it before be can be intitlcd to anv order in the suit. Art. --- Defmdant .... p/ml,tiff ~ any of the defendants in an interpleader-suit is actually suing the plaintiff in respect of the subject-matter of such suit, the court in which the suit against the plaintiff i,. pending -hall, on being infonned by the court in whida the intcrpleader-suit has been in- stitured, stay the proceedinp as against him; and bis costs in the suit so sta:,ed may be provided for in such suit; but if, and in so far u, they ue not proYMlcd for in that suit, they may be added to Im c:oltl incurred in the interpleader-suit. Art. ..,,,_ Proadwe at Jim hearing (I) At the finr hearing the court may : (a) declare that the plaintiff' is diacharpl from all liabili1;Y to the defcndan1s in respect of the thing daitnecl, award bun bis COltl, and cfianiss him from the suit; or (b) if it tlmab tbat justice or conw:oience ., require, retain all parties until tbe linal disposal of the suit. (2) Where tbe COlil( finds tbat the admissions of the ,mties or other evidemc enable it to do IO. 11 may adjudicate the title to the thing c:;Lmned \3) Where the acbrrisaons of the parties do not eaablc the court so to adjudicate_ it may direct: (a) tbat. an iaue or imlCI bdwem the parties be framed and triecl;and (b) that any daimant be made I plaintiff' in lieu of or in adcf1ion to tbe odaiml peintiff, wl .... pn,ceed to try tbe suit in .. Olcliaaty a,anner. Ad. .,_~all~,_., IIOI ivlllld, .,,.,.,......,,. Nptlrina ia tbia Otaper .... ht de med to~ the ..... to~ www.tgalawgroup.com TGA Global Law Firm LL.P 96 CIVIL PROCEDURE CODE their principals, or tenants to sue their landlords, for the purpose of compelling them to interplead with any oersons other than persom m'aicing claim through such pnncipals or ianalords. Art. m,_:,,... Deposit in registry (1). Nothing in the preceding Articles shall prevent a person who seeks to be relieved from liability at any time before or after the institution of 3 suit, from giving notice to any person or persons entitled thereto to accept any sum Qf money or other property. (l). Where such notice is not answered, such person may deposit against receipt such sum of money or other property in the rcgisry of any court or of the court in which the suit is pending, as the case may be, after deducting his costs and charges, if any. (3). On making a deposit under sub-art. (l), the. depositor shall give the registrar an affidavit showing the reasons for the deposit and deductions. if any, and stating that notice under sub-art. (1) has been given but not answered, and a copy of the affidava shall be served on the person or persons concerned 10 the same manner as a summons. (4). Any swn of money or other ·property deposited under sub-art. (l) may at any time be withdrawn by any person who on appl~ cation satisfies the court that he is entitled thereto. CHAPTER 3. ACCELERATID PROCEDURE PARAGRAPH 1. GENERAL PROVISIONS Art. 300. Scope of application (1). The provisions of this Chapter shall apply where an application is made concerning any of the matters expressly referred to in the following Articles. (l). Applications concerning matters other than those expressly referred to in the following Articles may, subject to the provisions of Art. 302 (1) (c), be dealt with in accordance with the provisions of this Chapter. Art. 301.- Institution of proceedings (1). Any person legally e!•titled to institute proceedings under this www.tgalawgroup.com TGA Global Law Firm LL.P CIVIL PROCEDURE CODE 97 Chapter may, on payment of the prescribed court fee, file a writ- ten, dated and signed application within the tim~ fixed b}'. the law under which the . application is made, or. where no such time is fixed, within fifteen days from the occurence of the facts on which the application is based. (2). The application shall specify the capacity in which the applicant acts and the provision of the law under which it is made am shall be supported by an affidavit stating the reasons for the application. (3). The applicant shall attach to the application such documents as are required under the following Articles and may attach thereto such other documentary evidence as be deems necessary fl\r the determination of the application. Art. 302.- Dismissal of application (1). The application shall be dismissed where : (a) the applicant is not qualified for making the application; (b) the application is not made in the form or within the time specified in Art. 301 (1); or (c) the court considers that the subject-matter of the application cannot be properly determined in the manner hereinafter provided for. (2). The dismissal of the application shall not create res judicata t>Ut shall be a bar to the making of a fresh application on the same grounds. Art. 303.- Decision on application (1). Where the application is allowed. the court shall make its '1CC1Slon in accordance with the provisions of the folio~ Articles and sudl decision sna•J be m the rorm of a judgment or written order, as the nature of the case may require. (2). Unless otherwise provided for m this Chapter or the law under \Vhich the application is made, the court shall make its decision on the basis of the application. (3). Nothing in sub-art. (2) shall prevent the court from requiring the production of such evidence or additional evidence as may be necessary, on such terms, in such manner and within such www.tgalawgroup.com TGA Global Law Firm LL.P 98 CIVIL PROCEDURE CODE time as the court shall direct. Art. 304.- Consequential orders (I). Any decision under this Chapter shall be made or given en such terms as to costs or otherwise as the court thinks fit. ( 2). No decision under this Chapter shall be a bar to the making of such further orders as may or must be made pursuant to the law under which the application is made, or as may appear expedient m the circums~nces. Art. 305.- Issue of certificate (1). On making its decision in favour of the applicant, the court shall, where he so requires, provide him with a dated and signed certificate stating in a concise form the contents of such decision. (2). The provisions of sub-art. (1) shall apply in particular in mattelS concerning change of name (Arts. 42 and 43 Civil Code), refusal to draw up records or to celebrate a marriage (Arts. IJ9, 470 and 601 Civil Code), prior permission to sue (Arts. 369, m, ffl and 786 Civil Code), withdrawal of isterdiction (Art. 377 Civil Code), opposition to marriage (Art. 592 Civil Code), widowhood (Art. 596 Civil Code) as well as in cases of applications to consult or to be issued with certain powers or documents or to be auth- rized to depart from certain instructions (Arts. 129, 209, 239, 'JKI, 523, 528. SlS and 630 Civil Code). (3), Where an application is made for the correcuon or cancellaticn of records or entries in registers (Arts. 121, 127, 1623 and 1631 Civil Code ) or for approval or confirmation ( Arts. 146, 628. 633, 749, 763, 7"6, 767, and 804 Civil Code and Art. 441 Commer- cial Code J or registration or certification, the t:ourt may, witho" further procwdinp, but after baYD;l& ordered such in\'eltiptions as may be necessary, give such directions as are appropriate 10 the circumstances, or issue a certificate evidencing approval, registration or certification or endorse the fact of approval registration or certification on the relevant document, as the case may be, together with the date and number thereof, where appropriate. www.tgalawgroup.com TGA Global Law Firm LL.P CIVIL PROCEDURE CODE 99 Art. ~--- Appeal (I). Unless otherwise provided for by the law under which the appli- cation is made, no appeal shall lie from any decision under this Chapter other than a judgment under Arts. 309-311. (2). When an appeal lies from a _judgment given under this Chapter it shall be made within h:n days from th~ giving of such judgment and such judgment shall not be enforced until the period for the appeal has expired or the appeal has been decided. PARAGRAPH 2. SPCIAL CASES Art. '3AYT.- Calling of meetings Where, on receiving an application for the calling of a meeting, including a meeting of a family council, the court is satisfied that there is good cause under the law why a meeting should be called, it shall apoint such person as it thinks fit to call such meeting on such terms as the court shall fix and to carry out with regard to the meeting such other duties as are laid down by law or as the court may direct. Art. 308.- Appointments (I). Where, on receiving an application for the appointment of a provisional director, trustee or liquidator, the court is satisfied that there is good cause under the law why such appointment should be made, it shall appoint such person as it thinks fit to carry out the duties of a director, trustee or liquidator and shall, where appropriate. fix his remuneration. (2). On receiving an application for the appointment of a guardian, tutor, co-tutor or tutor ad hoc, or of an additional member of tutor, co-tutor or tutor ad hoc, or of an additional member of a family council, thecourt shall summon all the relatives of the minor to appear on such day as it shall fix and the appointment shall be made after such relatives have been heard. (3) The provisions of this Article shall apply by analogy to appl>- cations under Arts. 211, 219, 220. 229. 231.· am 383 of the C.- vil Code. www.tgalawgroup.com TGA Global Law Firm LL.P 100 CIVIL PROCEDURE CODE Art. 309.- Setting aside of resolution (1) An application to set aside a resolution, such as an application under Art. 448 of the Civil Code or Art. 416 of the Commercial Code. shall be accompanied by a copy of such resolution and of .he memorandum and articles of association of the body corporate concerned. (2) Where the court considers that judgment cannot be given en the application, it shall cause a copy thereof to be served on the body corporate concerned. the directores and auditors of which shall be required to file within fifteen days a written reply show- ing cause why the resolution should not be set aside. (3) Where such reply is not filed or sudl cause ~ not shown. the court may order the resolution to be set aside. (4) The provisions of this Article shall apply by analogy to appli- cations concerning resolutions expelling an associate, decisions made by the committee of management of an endowment oc under· Art. 549 (I) of the Civil Code, schemes of distribution of profits, final balance sheets and, generally but without prejudire to such other provisions of this Code as may be applicabe in any particular case, to objections made by the creditors of a trader. Art. 310.- Applications for expulsion, dismissal or removal (1) On receiving an application for the expulsion of a partner - Appellant to begin (1) O!'t the day fixed for bearing the appeal, the appellant shall be beard in support of the appeal. www.tgalawgroup.com TGA Global Law Firm LL.P 110 CIVIL PROCEDURE CODE {2) The court shall then, if it does not dismiss the appeal at .:>nee, hear the respondent against the appeal, and in such case the appellant shall be entitled to reply. (3) Nothing in sub-art. (2) shall prevent the court from requiring the respondent to submit a written reply to the memorandum of appeal and the appellant to submit a written counter-reply. (4) The reply and counter-1eply shall be filed within such time as the court shall fix. Art. 340.- Cross-objection (I) The respondent may, on payment of the prescribed court fee. take any cross-objection to the decree or order which he could have taken by way of appeal notwithstanding that he did not appeal from any part of the decree or order. (l) A cross-objection shall be in the form ·of a memorandum of appeal and shall be filed in the Appellate Court within one month from the date of service on him or his pleader of the summons issued under Art. 338 (1). (3) Unless the respondent files with the objection a written acknow- ledgement from the party who may be affected by such objection or his pleader of having received a copy thereof, the Appellate Court shall cause a copy to be served, as soon as may be after the filing of the objection, on such party or his pleader at the expense of the respondent. (4) A cross-objection taken undPr this Article may, after such notice to the other parties as the court thinks fit, be heard and determined notwithstanding that the original appeal is not proceeded with. Art. 341.- Remand of case by Appellate Court (I) Where the court from whose decree or order an appeal is preferred has disposed of the suit upon a preliminary point and the decree or order is reversed in appeal, the Appellate Court may if it thmks fit, by order remand the case, and may further direct what issue or issues shall be tried in the case so remanded. (l) Where a case is remanded ~mder sub-art. (1), the Aμpellate Court shall send a copy of its judgment and order to the court www.tgalawgroup.com TGA Global Law Firm LL.P CIVIL PROCEDl!RE CODE III from whose decree or order the appeal is preferred, with direc- tions to re-admit the suit under its original number in the regis- ter of civil suits, and proceed to determine the suit. (3) The evidence, if any . recorded during the o_riginal trial shall, subject to all just exceptions, be evidence during the trial after remand. Art. 342.- Judgmelll 011 record Where the evidence upon the record is sufficient to enable the Appe- llate Court to pronounce judgment, the Appellate Court may, after resettling the issues, if necessary, finally determine the suit. notwith- stanking that the judgment of ti.(! court from whose decree nr nrdef the appeal is preferred has proceeded wholly upon some grouaJ other than that on which the Appellate Court proceeds. Art. 343.- A.ppelate Court may frame issues and refer them for trial (1) Where the court from whose decree or order the appeal is pre- ferred has omitted to frame or try any issue, or to determine any question of fact, which appears to the Appellate Court essential to. the right decision of the suit upon the merits, the Appellate Court may, if necessary, frame issues and refer the same for trial to the court from whose decree or order the appeal is pre- ferred, and in such case shall direct such court to take the addi- tional evidence required. (2) The court to which issues are referred shall proceed to try such issues, and shall return the evidence to the Appellate Court together with its findings thereon and the reasons therefor. which evidence and findings shall form part of the record in the suiL Art. 344.- Objections to finding (1) Either party may, within a time to be fixed by the Appellate Court, present a· memorandum of objections to any finding returned under Art. 343 (2). (2) After the expiration of the period so fixed for presenting such memorandum the Appellate Court shall proceed to determine the appeal. www.tgalawgroup.com TGA Global Law Firm LL.P 112 CIVIL PROCEDURE CODE Art. 345.- Additional evidence (1) The parties 1o an appeal shall not be entitled to proc! .. .:e addi- tional evidence in the Appellate Court. Provided that, where : (a) the court from whose decree or order the appeal is preferred bas refused to admit evidence which ought to have been admitted; or (b) the Appelate Court requires any document to be produced or any witness to be examined to enable it pronounce judg- ment, or for any other substantial cause, the Appellate Court may, of its own motion or upon an appli- cation for permission to call additional evidence being made under Art. 3r7 (3) , allow such ~vidence or document to be produced, or witness to be examined. (2) Whenever additional evidence is allowed to be produced by an Appellate Court, the court shall record the reason for its admi- ssion. Art. 346.- Mode of taking additional evidence Where additional evidence is allowed to be produced, the Appellate Court: (a) may either take such evidence, or direct the court from whose decree or order the appeal is preferred, or any other subor- dinate court, to take such evidence and to send it when taken to the Appellate Court ; and (b) shall specify the points to which the evidence is to be confined and record on its proceedings the points so specified. Art. 'MT.- Giving of judgment The Appellate Court, after hearing the parties or their pleaders and referring to any part of the proceedings, whether on appeal or in the court from whose decree or order the appeal is preferred, to which reference may be considered necessary, shall pronounce judgment. Art. 348.- Power of court of appeal (1) The judgment may confirm, vary or reverse the decree or order www.tgalawgroup.com TGA Global Law Firm LL.P CIVIL PROCEDURE CODE .113 from which the appeal is preferred. (2) Where the parties to the appeal qree as to the form which the decree in appeal shall take, or as to the order to be made in appeal, the Appellate Court may pass a decree or make an order accordingly. Art. 39.- Applkation for restitution (1) Where and is 80 far as a decree or order is varied or reversed, the court of first instance shall, on the application of any party entitled to any benefit by way of restitution or otherwise, cause such restitution to be made as will, 80 far as may be, place the parties in the oosition which they would ha-ve occupied but for such decree or order or such part thereof as has been varied or reversed. (2) For the purpose of sub-art. (1) , the court may make any orders including orden for the refund of costs and for the payment of interest, damages, compensation and mesne profits which are properly. consequential on such variation or reversal. (3) No suit shall be instituted for the purpose of obtaining any restitution or other relief which could be obtained by appli- cation under sub-art (1). CHAPTER 2. APPEAL FROM, AND SETTING ASIDE OF ARBITRAL AW ARD Art. 350.- Parties and procedure (1) Any party to arbitration proceedcings may, in the terms of the arbitral submission and on the conditions laid down in Art. 351. appeal from any arbitral award. (2) The parties may waive their right of appeal but any such waiver shall be, of no effect unless made with full knowledge of the circumstances. (3) The provisions regarding the making and hearing of an appeal from a judgment shall apply by analogy to the making and he~r- ing of an appeal from an award. (4) Without prejudice to the provisions of Art 736 .of the Civil www.tgalawgroup.com TGA Global Law Firm LL.P 114 CIVIL PROCEDURE CODE Code. the prov1S1ons of this Chaoter shall as far as may be apply to awards made by familv arbitrators. Art. 351.- Grounds of appeal No appeal shall lie from an award except where (a) the award is inconsistent. uncertain or ambiguous or is on its face wrong in matter of law or fact; (b) the arbitrator omitted to decide matters referred to him; (c) irregularities have occurred in the proceedings, in particular where the arbitrator - (i) failed to -inform the parties or one of them of _the time or place of the hearing or to comply with tht" terms of the sub- mission regarding admissibility of evidence ; or (ii) refused to hear the evidence of material witness or took evidence in the absen\.C of the parties o_r of one of them: or ( d) the arbitrator has bCCD guilty of misconduct, in particular where : (i) he heard one of the parties and not the other; (ii) be was unduly influenced by one party. whether by bribes or otherwise; or (iii) be acquired an interest in the subject-matter of dispute referred to him. \rt. 352.- Court to which appeal lies An appeal against an award shall be made. on payment of the pres- cribed court fee, to the court which would have had appellate juri!r diction, had the dispute in which the award appealed from has been given not been referred to arbitration. An. 353.- Powers of Appellate Court Without prejudice to its power to confirm, vary or re,·crse the awani appealed from, the Appellate Court may, where it thinks fit, remit such award or a portion thereof to the reconsideration of the arbi- trator. Art. 354.- Remission for reconsideration (1) No awan:I may be remitted to the reconsideration of the art-i- www.tgalawgroup.com TGA Global Law Firm LL.P CIVIi. l'R'X 1:-DURECODE ---- trator wlio made it_e:\_~_p_1_whcr_e_the___appeal is made 0n any of grounds mentioned in Art. 351 (a) and (b). 115 (l) Where an award is remitted, the arbitrator shall. unless other- wise directed in the order or remission , make bis; second award within three months ot the date of such order. (3) Where a portion only of an award is remitted, the rernainda' may -be enforced pending the making of the second award if. is capable of execution. Art. 355.- Setting aside of award (1) Notwithstanding any agreement to the contrary, the parties to arbitration proceedings may, on the conditions laid down in Art. 356, apply for an order that an award be set aside. (l) The application shall be made to the court mentioned in Art. 351 within thirty days of the making of the award. (3) The provisions regarding the making and hearing of an oppositioo shall apply by analogy to the making and hearing of an app& cation under this Article Art. 356.- Grounds for application No application under Art. 355 shall be made except where (a) dl11 arbitrator decided ·matters not referred to him or made his award pursuant to a submission which was invalid or had lapsed; (b) the reference being to two or more arbitrators, they did not act together ; or (c) tne arbitrator delegated any part of his authority, whether to a stranger, to one of the parties or to a co-arbitrator. Art. 357.- Decision on application (I) Where an application under Art. 3!15 is dismfr,:;oo, the award shall be deemed to be valid and enfdn:eable. (l) Where the application is granted , the award shall be deemed to be null and v01d and Jhall oc set aside. www.tgalawgroup.com TGA Global Law Firm LL.P 116 CIVIL PROCEDURE CODE CHAPTER 3. OPPOSITION Art. 358.- Who may file opposition Any person who should or could have been made a party to a suit and whose interests are affected by a judgment in the suit may, if he was not a party to such suit either in person or through a represen- tative, file an opposition to such judgment at any time before such jud;ment is executed. Art. 359.- Form of opposition (1) An opposition shall be in the· form of a petition which shall, on payment of the prescribed court fee, be filed in the court having given the judgment opposed to. (2) The petition shall specify : (a) the name and place of the court in which the petition is filed; (b) the name and address of the petitioner; (c) the names of the parties to the case iQ which the judgment opposed to was given; (d) the name of the court which gave the judgment opposed to, the date of such judgment and the number of the suit in which it was given; (e) the grounds of opposition; and (f) the nature of the relief sought. (3) The petition shall be accompanied by an affidavit of the truth of the facts !herein alleged. (4) An application for stay of execution of the judgment opposed to may, where appropriate, be filed together with the petition. Art. 360.- Effect of opposition (1) On the filing of a petition under Art. 359, the court shall fix a day for hearing the opposition and shall cause a copy of the peti- tion to be served on all the persons who were parties to the case in which the judgment opposed to was given together with a summons to appear on such day. (2) The proceedings upon the filing of the opposition sha;J be subject to the same provisions as the proceedings upon the original ac- www.tgalawgroup.com TGA Global Law Firm LL.P CIVIL PROCEDURE CODE 117 tion and the court may on the completion of such proceedings confirm, vary or set aside the judgment opposed to. CHAPTER 4. REVISION Art. 361.- Petition for revision (1) A petition to His Imperial Majesty's Chilot for the revision of a case shall be made within one month of tbe ·pronouni;ement of the judgment or decision following which the petitioner's rights of appeal or recourse to any court are exhausted and shall be accompanied by : (a) a copy of the judgment or judgments with which the petitioner is dissatisfied; and (b) a written memorandum setting forth clearly and concisely the reasons on which the petitioner bases bis petition for a revision. (2) Upon receipt of the petition the Chilot shall direct notice to be served on the opposite party to show ~use why the petition should not be granted. (3) The provisions of Arts. 324-316 shall apply by analogy when • petition under this Article is made out of time. Art. 362.- Security for costs (1) Where the petition is granted, the petitioner shall within not more than sixty days : (a) furnish security for the costs of the respondent; and (b) deposit such amount as may be required to defray the expense of sending for, or copying. whichever is more convenient, the record of the· case in which the judgment to which th~ petition relates was given. (2) Where such copy, if any, has been made, the petitioner shall be refunded with the balance, if any, of the amount deposited under sub-art. (1) (b). Art. 363.- Granting of petition Where security has been f umishcd and deposit made Art. 362, the Cbilot shall : (a) declare the petition admitted; www.tgalawgroup.com TGA Global Law Firm LL.P UB. CIVIL PROCEDURE CODE (b) give -notice thereof :o the respondent; and, (c) give either party one or more a~thenticated copies of any of the papers in the suit on, his applying ~for and paying the reasonable expenses incurred in preparing them. ~ 364.- Notice (I) Notice under Art.· 361 (2) and 363 shall be given by affixing the same in some conspicuous place in the court-house in which the suit was · originally _brought. and by publication in such newspapers as the Chilot may direct. (2) Nothing in the preceding Articles requiring any notice to be served on or _given to an opposite party or respondent.shall be deemed to require any notice to be served on or given to the . legal representative bf any deceased opposite party or deceased respondent in a case, where such opposite party or respondent did not appear either at the hearing in the court whose decn:e is complained of or at any proceedings subsequent to the decree of that court. Art. 365. Further orders regarding .security (I) At any time before the admission of the petition the Chilot may, upon cause shown, revoke the acceptance of any security furnished under Art. 362, and make further directions thereon. (l) Where at any time after the. admission of the petition any security furnished under Art. 362 (I) (a) appeais inadequate or further payment is required for meeting the oxpense mentioned in Art. 362 (I) (b), the Chilot may order the petitioder to furnish within such a time as it shall fix, other and sufficient security, or to make. within like time, the required payment. Art. 366.- Failure to comply with order (I) Where the petitioner fails to comply with an order under Art 365, the proceedings shall be stayed and in the meantime execu- tion of the decre-;; to which the petition relates shall not be stayed. (2) Nothing in this. Article · shall affect the provisioD.i -of Art. 361. Art. 367.- Orders pending hearing of petition (I) Notwithstanding the grant of a petition for revision, the deace www.tgalawgroup.com TGA Global Law Firm LL.P CIVIL PROCRDURE CODE 119 to which the petition relates shall be unconditionally executed, unless the Chilot otherwise directs. (l) The Chi lot may, for good cause, of its own motion or on the application of any party to the suit : (a) impound any movable property in dispute or any part thereof; (b) allow the execution of the decree to which the petition relates taking such security from the respondent as it thinks fit for the due performance of any order which it may make on the petition ; (c) stay the execution of the decree to which the petition relates. taking such security from the petitioner as it thinks fit for the due performance of the said decree or of any decree or order which it may make on the petitiop; or (d) place an} ;-arty seeking its assistance under such conditions or give such other direction respecting the subject-matter of the petition, as it thinks fit, by the appointment of a receiver or otherwise. Art. 368.- Increase of security (1) Where at any time during the pendency of the petition the secu- rity furnished by either party appears inadequate, the Chilot may. on the application of the other party, require further security. (2) In default of such further security being furnished:, (a) if the original security was furnished by the petitioner, the Chilot may, on the application of the respondent, execute the decree to which the petition relates as if the petitioner bad furnished no such SP.Ct:::ity; and (b) if the original secutity was furnished by the respondent. the Chilot shall, so far as may be practicabe, stay the further exe- cution of the decree, and restore the parties to the position in which they respectively were when the security which appears indequate was furnished, or give such direction respecting the subject-matter of the petiuon as it thinks fit. Art. 369.- Operation of decree or order Unless the Chilot otherwise directs, no decree or order of the Chilot shall be invix;raave on the ground that no notice has been served on www.tgalawgroup.com TGA Global Law Firm LL.P 120 CIVIL PROCEDURE CODE or given to the legal redresentative of any deceased opposite party or deceased respondent in a case, where such apposite party or respon- dent did not appear either at the hearing in the court whose decree was complained of or at any proceedings subsequent to the decree of that court, but such order shall have the same force and effect as if it had been made before the death took place. Art. 370.- Execution ( 1) Whoever desires to obtain execution of any decree or order of the. Chilot shall make an application, accompanied by a certi- fied copy of such decree or order, to the court from whose decree the petition to the Chilot was preferred. (2) Such court shall execute the decree oJ:k,rder as though it had been passed or made by itself. (3) The orders made by th~ court which executes the decree or order of the Chilot relaang to such execution, shall be appealable in the S,ilme manner and st!bject to the same rules as the orders of such court relating to the execution of its own decrees. BOOK VI. EXECUTION OF DECREES CHAPTER 1. EXECUrlON OF DECllDS P~m IN ETHIOPIA PARAGRAPH L COUR1S EXECUTING DECREES Art. 371.-- Prilfciple (1) A decree may be executed in accordance with the provisions of tins l:hapter either by the court which passed it or by the court to which it is sent for execution. (2) Nothing in this Chapter shall affect the provisions of the Mari- time Code regarding the arrest, detention and sale of ships. Art 372.- Transfer of decree (1) The court which passed a decree may, by order in the form prescribed by the Fourth Schedule tn this Code, of its own motion or on the application of the decree-holder when execution is sought www.tgalawgroup.com TGA Global Law Firm LL.P CIVIL PROCEDURE CODE 121 in accordance with Art . 378 , send it for execution directly to ano- ther court where: (a) the judgment -debtor resides, carries on business or personal- ly works for gain within the local limits of the jurisdiction of such other court; (b) the judgment-debtor has property sufficient to satisfy the decree within the local limits of the jurisdiction of such other court, but not of the court which passed the decree; (c) the·decree directs the sale or delivery of immovable property situate withi'n the local limits of the jurisdiction of such other court; or (d) the court which passed the decree considers, for any other reason to be recorded, that the decree should be executed by such other court. (2) Nothing in sub-art. (I) shall prevent a court from directing the attachment or sale of immovable property notwithstanding that the entire property is not situate within the local limits of its jurisdiction. Art. 373.- Proc"1u,e in case ~f transfer (1) The court sending a dccrc,e for eecution shall send : (a) a copy of the decree; (b) a certificate setting forth that satisfaction of the decree has not been obtained by execution within the jurisdiction of the court by which it was passed or, where the decree has been executed in part, the extent to which satisfaction has been ob- tained and what ;,a,-t "f the decree remains unsatisfied; and (c) a copy of any order for the execution of the decree or, if no such order has been made, a certificate to that.effect. (2) The court to which a decree is transfemd shall execute it after causing such copies and certificates to be filed, without any fur- ther proof of the decree or ord.::r for execution, or of the copies thereof, unless the court, for any special reason to be recorded, requires such proof. www.tgalawgroup.com TGA Global Law Firm LL.P 122 CIVIL PROCEDURE CODE Art. 374.- Power of court to which decree is transferred (1) The court to which a decree is transferred shall have the same powers in executing such decree, and its orders in execution shall be subject to the same rules regarding appeals, as if the decree had been passed by itself. (2) The court to which a decree is trapsferred shall certify to the COUrt which passed SUCh decree the fact 'of execUtron"Of;•where the former court fails to execute the same, the circumstances at- tending such failure. Art. 375.- Questions to be determived by court executing decree (1) Any question arising between the parties to the suit in which the decree was passed concerning the execution, discharge or satis- faction of the decree, shall be determined by the court executing the same and not by a separate suit. (2) Any question arising a.~ ~" whether or not any person is the repre- . sentative of a par'/ shall, for the purposes of this Article, be de- termined by the court executing the decree. Art. 376.- Stay of fxecution (1) The court to which a decree has been transferred shall, on suf- ficient cause being shown, stay the execution of such ,decree for a reasonable time, to enable the judgment-0ebtor to apply to the court. which passeCrlY is entered in the registers of immovable property, the court may require the applicant to pro- duce a certified extract from such registers; and (b) a specification of the judgment-debtor's share or interest in such property to the best of the belief of the applicant, and so far as he has been able to ascertain the same. Art. •·- Application for execution by joint decree-holder (l) Where a decree has been passed jointly in favour of several per- sons, any one of such persons may, unless the decree imposes any condition to the contrary, apply for the execution of the whole decree for the benefit of them all, or, where any of them has died, for the benefit of the survivors and the legal representatives cl the deceased. www.tgalawgroup.com TGA Global Law Firm LL.P CIVIL PROCEDURE CODE 125 (2) Where the court sees sufficient cause for allowing the decree to be executed on an application made under sub-art. (I) , it shall make such order as it deems necessary for protecting the interests of the persons who have not joined in the application. Art. Ju - Application for execution by transferee of decree (I) Where a decree,. or if a decree has been passed jointly in favour of two or more persons, the interest of any decree-holder in the decree, is transferred by assignment in writing or by operation of law, the transferee may apply for execution of the decree to court which passed it. (2) Subject to the provisions of sub-arts. (3) and (4) , the dee~ may then be executed in the same manner and subject to the same con- ditions as if the application were made by such decree-holder. (3) Where the decree. or such interest as aforesaid. has been trans- ferred by assignment, notice of such application shall be given in the form prescribed by the Fourth Schedule to this Code to the transferor and the judgment-debtor, and the decree shall not be executed until the court has heard their objections, if any, to its execution. (4) Where a decree for the payment of money against two or more persons has been transferred to one of them, it shall not be exe- cuted. Art. 382.- Enforcement of liability of surety Where any person has become liable as surety: (a) for the execution of a decree or any part thereof; (b) for the restitution of any property taken in execution of a decree; or (c) for the payment of any money or the fulfilment of any condi- tion imposed on any person, under an order of the court in proceeding consequent thereon, the decree or order may be executed against him to the extent to which he has rendered himself personally liable and he shall be deemed to be a party within the meaning of Art. 375, provided that such notice as the court in each case thinks sufficient shall be given to him. www.tgalawgroup.com TGA Global Law Firm LL.P 126 CIVIL PROCEDURE CODE Art. 383.- Application for execution against legal represenlative Where a judgment-debtor dies before the decree has been fully sa- tisfied, the decree-bolder may apply to the court which passed it to execute the same against the legal representative of the deceased. Art. 384.- Execution when barred Where an application to execute a decree, other than a decree grant- ing an injunction. has been made, no order for the execu.ion of ~uch decree shall be made upon any fresh application submitted after the expiration of ten years from: (a) the date of the decree sought to bo executed; or (b) where the decree or any subsequen' order directs any payment of money or the delivery of any property to be made at a certain date or at recurring periods, the date of the default in making the payment or delivery in respect of which the appli- cant seeks to execute the dee~. Art. 385.- Procedure on receiving application for execulion (I) On receiving an application for execution the court shall ascer- tain whether such of the requirements of the preceding Articles as may be applicable to the case have been complied with and may, if they have not been complied with, reject the application or al- low the defect to be remedied on such terms as it shall ~:-:. (2) Where an application is amendea under sub-art. (I), it shall be deemed to have been an application in accordance with law and presented on the day when it was first presented. (3) Every amendment made under sub-art. (I) shall be dated and signed or initialled by th~ presiding judge. Art. 386.- Examination of judgment-debtor (I) Where an application for execution is admitted, a copy thereof shall be served on the judgment-debtor together with a summons requiring him to appear before the court on a day fixed in the summons to show cause-.vhy the decree should not be executed (2) Where the judgment-debtor appears he shall be bound to answer, on oath, such questions as may be put to him by the court www.tgalawgroup.com TGA Global Law Firm LL.P CIVIL PROCEDURE CODE 127 and the decree-holder and, if he offers any objection to the exe- cution of the decree, the court shall consider such o~iection and make such order as it thinks fit. (3) Where the judgment-debtor does not appear or show cause to the satisfaction of the court why the decree should not be execu- ted, the court shall issue process for the execution of such decree. (4) Notwithstanding the provisions of sub-art. (3), where an appli- cation is made for the execution of a decree for the payment of money and the judgment-debtor fails to appear in answer to the summons, the court shall order that he be arrested and brought before it for the purpose of being examined as to his means. (5) For the purpose of an examination under this Article, the court may summon any person or require the production of any book or record. Art. 387.- When warrant of arrest may be issued (1) Without prejudice to the provisions of Art. 386 (4), no summons shall be issued under Art. 386 (1) and the court may forthwith order the arrest of the judgment-debtor on being satisfied, by af- fidavit or otherwise, that, with the object or effect of obstructing or delaying execution, he is about or likely to abscond or leave the local limits of the jurisdiction of the court or to dispose of or remove his property or any part thereof from such limits. (2) An order under sub-art. (1) may be made pending the making of an application for execution. Art. 388.- Particulars in warrant of arrest (1) Every warrant issued ~der Art. 386 (4) or 387 shall direct the officer entrusted with its execution to bring the judgment-debtor before the court unless satisfaction of the decree by hts personal obedience is sooner obtained. (2) No warrant of arrest shall be executed where satisfaction is ob- tained in accordance with sub-art. (1). Art. 389.- When detention may be ordered (1) Where, after the examination held under Art. 386: (a) the judgment-debtor refuses without good cause to comply www.tgalawgroup.com TGA Global Law Firm LL.P 128 CIVIL PROCEDURE CODE with the decree; or (b) the court is satisfied that the judgment-debtor, although able to comply with the decree, has wilfully failed to do so, the court may order the arrest of the judgment-debtor, if he is not already under arrest, and his detention in the civil prison for a period not exceeding six months. (2) The provisions of Art. 388 (2) shall apply when detention is or- dered under sub-art. (1) of this Artidc. Art. 390.- Release from detention (1) The court shall order that the judgment-debtor be released from detention: (a) upon the amount due of the decree being paid into court or to the officer in charge of the prison, or satisfaction of the decree being otherwise obtained; or (b) upon the request of the decree-holder. (2) A judgment-debtor released under sub-art (1) may not be rc;- arrested in execution of the same decree. Art. 391.- Effect of detention or release A judgment-debtor arrested under Art. 389 or released under Art 390 shall not merely by reason of his arrest or release be discharged from the whole or any part of his debt. ut. 392.- Process for execution (1) Where, after examining the judgment-debtor, the court con- siders that there is no reason why the decree should not be exe- cuted, it sl}all issue its process for the execution of such deaee in such manner '5 the nature of the relief granted may require. (2) No process shall be issued where the court considers that the judgment-debtor is unable to pay the amount due uod,r the decree or any instalment thereof, but the court may at any sub- sequent time issue process on being satisfied that th~ judgment- debtor has become able to pay such amount or in~talment. (3) Every process shall bear date the day on which it is issued and sbal1 be sianed by a judge, sealed with the seal of the court and delivered to the execution officer. www.tgalawgroup.com TGA Global Law Firm LL.P CIVIL PROCEDURE CODE 129 (4) In every process a day shall be specified on or before whicn it shall be executed. Art. 393.- Endorsement of process (1) The execution officer shall endorse on the process the day on and manner in which it was executed and. if the latest day speci- fied in the process for the return thereof has been exceeded. the reason or the delay or. if it was not executed. the reason why it was not executed. and shall return the process with such endorsement to the court. (2) Where the enddrsement is to the effect that the execution officer is unable to execute the process. the court shall examine him touching his alleged inability and ma'y. if it thinks fit. summon and examine witnesses as to such inability and shall record the result. PARAGRAPH 3. MODES OF EXECUTION SUB-PARAGRAPH I. GENERAL PROVISIO:\S Art. 394.- Decree for payment of money (1) Without prejudice to the provisions of the. following Articles. every decree for the payment of money. including a decree for the payment of money as the alternative to some other relief. may be executed by the attachhment and sale of the judgment- debtor's property. (2) The value of the property attached shall. as nearly as may be. correspond with the amount due under the decree. Art. 395.- Modes of paying money (1) All money ~yable under a decree shall be paid as follows. namely: (a) into the court whose duty it is to execute the-decree: (b) out of court to the decree-holder; or .. (c) otherwiSt' as the court which passed the decree directs. (2) Where any payment is made under sub-art. (I). notice thereof shall be given to the decree-holder. Art. 396.- Payment out of court to . decree-holder (1) Where any money payable under a decree of any kind is paid www.tgalawgroup.com TGA Global Law Firm LL.P 130 CIVIL PROCEDURE CODE out of court, or the decree is otherwise adjusted in whole or in part to the satisfaction of the decree-haler, the decree-holder shall certity such payment or adjustment to the court whose duty it is to execute the decree, and the court shall record the same accordingly. (2) The judgmen~-Jebtor may also inform the court of such payment or adjustment and apply to the court to issue a notice in the form prescribed by the Fourth Schedule of this Code to the decree-holder to show cause, on a day to be fixed by the court, why such payment or adjustment should not be recorded as certified. (3) If, after service of a notice issued under sub-art: (2), the decree- holder fails to show cause why the payment or adjustment should not be recorded as certified, the court shall record the same accordingly. (4) A payment or adjustment which has not been certified or recor- ded as aforesaid shall not be recognized by any court executing the decree. Art. 397.- Execution in case of cross-decrees (1) Where applications are made to a court for the execution pf cross-decrees in separate suits for the payment of two sums of money passed between the same parties and capable of execu- tion at the same time by such court, then : (a) if the t~) sums are equal, satisfaction shall be entered upon both decrees; and (b) if the two sums are unequal, execution may be taken mt only by the holder of the decree for the larger sum and fa so much only as remains after deducting the smaller sum, and satisfaction for the smaller sum shall be entered on the decree for the larger sum as well as satisfaction on the decree for the smaller sum. (2) The provisions of sub-art (1) shall apply where either party is an assignee of one of the decree and as well. in respect of judg- ment-debts due by the original assignor as in respect of judg- ment-debts due by the assignee himself. (3) The provisions of sub-art. (1) shall not apply unless ; www.tgalawgroup.com TGA Global Law Firm LL.P CIVIL PROCEDURE CODE :JI (a) the decree-holder in one of the suits in which the decrees have been made is the judgment-debtor in the other and each party fills the same character in both suits, and (b) the sums due under the decrees are definite. (4) The holder of a decree passed agai,nst several persons jointly and severally may treat it as a cross-decree in relation to a decree passed against him singly in favour of one or more of suG1 persons. Art. 398.- Execution in case of cross-claims under same decrees Where application is made to a court for the execution of a decree under which two parties are entitled to recover sums of money from each other, then : (a) if the two sums are equal, satisfaction for both shall ht: entered upon the decree; and (b) if the two sums are unequal, execution may be taken m.t only by the party entitled to the larger sum and for so much only as remains after deducting the smaller sum, and satis- faction for the smaller sum shall be entered upon the decree. Art. 399.- Decree for s[feci_f,c movable property A decree for any specific movable or any share therein may be executed by the seizure of the movable or share and the delivery thereof to the decree-holder or to such person as he a'ppoints to receive delivery on his behalf. Art. 400.- Decree for specific performance or injunction (1) Without prejudice to the provisions of Arts. 389, 415 and 427, where the party again_st whom ~ decree for the specific perfor- mance of a contract <:,r for an injunction has been passed has had an opportunity of complying with the decree and has wil- fully failed to do so, the decree may be executed by the attachmcPI and sale of his property and the court may, out o:· the proceed<., award to the decree-holder such compensation as it thinks fit. (2) Nothing in sub-art. (1) shall prevent the court from directinr that the act required to be done may be done as far as prac- ticable by the decree-holer or some other person appointed by www.tgalawgroup.com TGA Global Law Firm LL.P 132 CIVIL PROCEDURE CODE the court, at the cost of the judgment-debtor, and upon the act being done the expenses incurred may be ascertained in such manner as the court may direct and may be recovered as though they were included in the decree. Art. 401.-- Decree for execution of document, or endorsement of negoti- able instrument. ( 1) Where a decree is for the execution of :,i document or for the endorsement of a negotiable instrument and th~judgment-debtor neglects or refuses to obey the decree, the decree-holder may prepare a draft of the document or endorsement in accor- dance with the terms of the decree and deliver the same to the court. (2) The court shall thereupon cause the draft to be served on the judgment-debtor together with a notice requiring his objections, if any, to be made ~ithin such time as the court fixes in this behalf. (3) Where the judgment-debtor objects to the draft, his objections shall be stated in writing within such time, and the court shall make such order approving or altering the draft, as it thinks fit. (4) The decree-holder shall deliver to the court a copy of the draft with such alterations, if any, as the court may have directed and the execution officer or such officer as may be appointed in this behalf shall execute the document so delivered in the manner provided for by the Fourth Schedule to this Code. (5) The court, or such officer as it may appoint in this behalf, shall cause the document to be registered if its registration is required by law and may make such order as it thinks fit as to the payment of the expenses of the registration. Art. 402.- Decree for immovable property (1) Where a decree is for the delivery of any immovable p~operty, possession thereof shall be delivered to the decree-holde,t, or to such person as he may appoint to receive delivery on his behalf, and, if necessary, by removing any person bound by the decree who refuses to vacate the property. (2) Where a decree is for the joint possession of immovable property, www.tgalawgroup.com TGA Global Law Firm LL.P CIVIL PROCEDURE CODE 133 possession shall be delivered by affixing a copy of the decree in some conspicuous part of the property and proclaiming by beat of drum or other customary mode the substance of the decree. (3) Where possession of any building or enclosure is to be delivered and the person in possession, being bound by the decree does not afford free access, the execution officer may remove or open any lock or bolt or break open any door or do any other act necessary for putting the decree-holder in possession. Art. 403.- Distribution of assets Where assets are held by or under the authority of a court and more persons than one have, before the receipt of such assets, applied to the court for the execution of decree for the payment of money passed against the same judgment-debtor and have not obtained satisfaction thereof, the assets, after deducting the costs of realization shall be distributed among all such persons in the prescribed manner. SUB-PARAGRAPH 2. ATTACHMENT OF PROPERTY Art. 404.- Property not liable to attachment The following property shall not be liahlc to attachment or sale at at any stage of the proceedings: (a) the necessary wearing-apparel, cooking vessels, bed and bedding of the judgment-debtor and his family; (b) tools, instruments or implements of any kind ust:!d by the judgment-debtor in his profession, art or trade; (c) where the judgment-debtor is an agriculturist, such cattle and seed-grain as may, in the opinion of the court, be necessary to enable him to earn his livelihooJ ; ( d) such amount of food and money as may, in the opinion of the court, re necessary for the judgment-debtor and his family for a period of three months; (e) pensions and alimonies; (f) without prejudice to the provisions of Art. 121 of the Maritime Code, two thirds of the judgment-debtor's salary, provided that the entire salary shall be exempt from liability to attchment where it does not exceed two dollars per day and the judgment- www.tgalawgroup.com TGA Global Law Firm LL.P 134 CIVIL PROCEDURE CODE jebtor has no other income; (g) any other property declared by or in accordance with any law to be exempt from liability to attachment or sale. Art. 40S.- Attachment where amount due not determined Where a decree directs an inquiry as to rent or mesne profits or any other matter, the property of the judgment-debtor may, before the amount due from him has been ascertained, be attached, as in the cr.se of an ordinary decree for the payment of money. Art. 406.- Attachment of movable property other than agricultural produce (1) Where the property to be attached is movable property, other than agricultural produce, in the possession of the judgment- debtor, the attachment shall be made by actual seizure, and the execution officer shall, subject to the provisions of sub-art. (2). keep the property in a safe place, and shall be responible for the due custody thereof. (2) When the property seized is subject to speedy and natural decay, or when the expense of keeping it in custody is likely to exceed its value, the execution officer may sell it at once. Art. 407.- Attachment of agricultural oroduce (1) Where the property to be attached is agricultural produce, the attachment shall be made by affixing a copy of the warrant of attachment: (a) where such produce is a growing crop, on the land on which such crop has grown; or (b) where such produce has been cut or gathered, on the thresh- ing -floor 9r place for treading out grain or the like or fodder-stack or in wliich it is deposited. (2) Another copy. of the warrant shall be affixed on the outer door or on some other conspicuous part of the house in which the judgment-debtor ordinarily resides or, with the leave of the court, on the outer door or on some other conspicuous part of the house in which he carries on business or personally works for gain or in which he is known to have last resided or carried on business or personally worked for gain. (3) L'pon the atlixing of the warrant, the produce shall be deemed to www.tgalawgroup.com TGA Global Law Firm LL.P CIVIL PROCEDURE CODE 135 have passed into the possession of the court. Art. 408.- Provisions as to agricultural produce under attachment (I) Where agricultural produce is attached, the court shall make such arrangements for the custody thereof as it may deem suf- ficient and, for the purpose of enabl ng the court to make such arrangements, every application for the attachment of a growing crop shall specify the time at which it is likely to be fit to be cut or gathered. (2) Subject to such conditions as may be imposed by the court either in the order of attachment or in any subsequent order, the judgment-debtor may tend, cut, gather and store the produce and do any other act necessary for maturing or preserving it. (3) Where the judgment-debtor fails to do all or any of the acts men- tioned in sub-art. (2), the decree-holder may, with the permission of the court and subject to the like conditions,. do all or any of them either by himself or by any person appointed by him in this behalf, and the costs incdrred by the decree-holder shall be recoverable from the judgment-debtor as if they were included in, or formed part of, the decree. (4) Agricultural produce attached as a growing crop shall not be deemed to have ceased to be under attachment or to require re- attachment merely because it has been severed from the soil. (5) Where an order for the attachment of a growing crop has been made at a considerable time before the crop is likely to be fit to be cut or gathered, the codrt may suspend the execution of the order for such time as it thinks fit, and may, in its discretion, make a further ordt, prohibiting the removal of the crop pending the execution of the order of attachment. (6) A growing crop which from its nature does not admit of being stored shall not be attached under this Article at any time less than twenty days before the time at which it is likely to be fit to to be cut or gathered. Art. 409.- Attachment of property not in possession of judgment-debtor (I) Where the property to be attached is a debt not secured by a negotiable instrument or a debt owing to the judgment-debtor under another decree, the attachment shall be made by a written www.tgalawgroup.com TGA Global Law Firm LL.P 136 CIVIL PROCEDURE CODE order prohibiting the creditor from recovering the debt and the debtor from making payment thereof until the further order of the court. (2) Where the property to be attached is a share in the capital of a corporation, the attachment shall be made by a written order pro- hibiting the person in whose name the share may be from trans- the same or receiving any dividend thereon and the corporation from registering any transfer of such share. (3) ,Where any other movable property or a sum of money is to be •- attached, the attachment shall be made by a written order pro- hibiting the person in possession of the same fron:i giving it over to the judgment-debtor. (4) A copy of the order made under sub-arts. (1)-(3) shall be affixed on some conspicuous part of the court-house, and another copy shall be sent in the case of the debt, to the debtor, in the case of the share, to the prop::r officer of the corporation, and, in the case of any other m0·:able propertv to the person in possession of the same. (5) A debtor prohibited under sub-art. (1) may pay the amount of his debt into court, and such payment shall discharge him a~ effectually as payment to the party entitled to receive the same. (6) Any order under this Article shall be accompanied by a notice informing the person in possession of. the property that he may appear before the court on a day to be fixed in the notice to show cause why he should not comply with the order. (7) When such person so appears. the provisions of Arts. 418-421 shall apply by analogy. Art. 410.-- Arrachmenf of'share in mol'ables Where the property to be attached consists of the share or interest of the judgment-debtor in movable property belonging to him and another as co-owners, the attachment shall be made by a notice to the judgment-debtor prohibiting him from transferring the share or interest or charging it in any way. Art. 411.-- Arrachmenr of' salary (l) Where the property to be attached is the salary of an employee, www.tgalawgroup.com TGA Global Law Firm LL.P CIVIL PROCEDURE CODE 137 the court may order that the amount due be withheld from such salary either in one payment or by monthly instalments, as the court may direct. (2) A copy of an order made under sub-art. (1) shall be sent to the employer of the judgment-debtor and the amount due under the order, or the monthly instalments, as the case may be, shall there- upon be withheld from the judgment-debtor's salary and remitted to the court. (3) Where the attacdable proportion of the judgment-debtor's salary is already being withheld and remitted to a court in pursuance of a previous and unsatisfied order of attachment, the employer of the judgment-debtor shall forthwith return the subsequent order to the court issuing it with a full statement of all the particulars of the existing attachment. Art. 412.- Attachment of negotiable instruments Where the property is a negotiable instrument not deposited in a court, nor in the custody of a public officer, the attachment shall be made by actual seizure, and .the instrument shall be brought into court and held subject to further orders of the court. Art. 413.- Attachment of property in custody of court or public officer Where the property to be attached is in the custody of any court or public officer, the attachment shall be.made by a notice to such court or officer, requesting that such property, and any interest or dividend becoming payable thereon, may be held subject to the further orders of the court from which· the notice is issued: Provided that, v. :1ere such property is in the custody of a court, any question of title or priority arising between the decree- holder and any other person, not being the judgment-debtor, claiming to be interested in such property by virtue of any assign- ment , attachment or otherwise, shall be determined by such court. ~rf. 414.-Attachment of immovable property (1) Where the property is immovable, the attachment shall be made by an order prohibiting the judgment-debtor from transferring www.tgalawgroup.com TGA Global Law Firm LL.P 138 CIVIL PROCEDURE CODE or charging the property with any right in rem, and all persons from taking any benefit from such transfer or charge. (2) The order shall be proclaimed at some place on or adjacent to such property by beat of drum or other customary mode, and a copy of the order shall be affixed on a conspicuous part of the property and then upon a conspicuous part of the court-house. Art. 415.- Removal of attachment after satisfaction of decree Where: (a) the amount decreed with costs and all charges and expenses resulting from the attachment of any property are paid into court; (b) satisfaction of the decree is otherwise made through the court or certified to the court; or (c) the decree is set aside or :-eversed, the attachment shall be deemed to be withdrawn, and, in the case of immovable ;,1.operty, the withdrawal shall, if the judgment- dehtor so desires, be proclaimed at his expense, and a copy of the proclamation shall be affixed in the manner prescribed by Art. 414 (2). Art. 416.- Order for payment of coin or currency notes to party entitled under decree Where the property attached is current .coin or currency notes, the court may, at any time during the continuance of the attachment, direct that such coin or notes, or a part thereof sufficient to satisfy the decree, be paid over to the party entitled under the decree to receive the same Art. 417.- Determination of attachmeru (1) Where any propert}' has been attached in execution of a decree but by reason of the decree-holder's default the court 1s unable to proceed further with the application for execution, it shall either dismiss the application or for any sufficient reason adjourn the proceedings to a further date. (2) Upon the dismissal of such application the attachment shall cease. www.tgalawgroup.com TGA Global Law Firm LL.P CIVIL PROCEDURE CODE 139 SUB-PARAGRAPH 3. INVFSTIGA TION OF CLAIMS AND OBJEC.,'TIONS Art. 418.- Investigation of claims to attached property (1) Where any claim is pr~ferred to, or any objection is made to the attachment of, any property attached in execution of a decree on the ground that such property is not liable to such attachment, the court shall proceed to investigate the claim or objection with the like power as regards the examination of the claimant or ob- jector, and in all other respects, as if he was a party to the suit: Provided that no such investigation shall be made where the court considers that the claim or objection wa!. designedly or unnecessarily delayed. (2) Any claim or objection under sub-art. (1) shall be made by pre- senting a written application to the court executing the decree. (3) Tl)e claimant or,objector shall adduce evidence to show that at the date of the attachment he had some interest in, or was posses- sed of, the property attached. (4) Where the property to which the claim or objection applies has been advertised for sale, the. court ordering the !:?le may postpone it pending the investigation of the claim or objection. Art. 419.- Decision on claim or objection (1) Where upon the said investigation the court is satisfied that for the reason stated in the claim or objection or for any other reason such property is not liable to attachment, it shall make an order releasing the property, wholly or to such extent as it thinks fit, from attachment. (2) Where the court is satisfied that such property is liable to at- tachment, it shall disallow the claim or nhiection. Art. 420.- Continuance of attachment subject to ,:/aim of incumbrancer Where the court is satisfied that the property is subject to a mortgage or right in rem in favour of some person not in possession, and thinks fit to continue the attachment, it may do so, subject to such mort- gage or right in rem .. www.tgalawgroup.com TGA Global Law Firm LL.P 140 CIVIL PROCEDURE CODE Art. 421.- Suits to establish right to attached property Where a claim or an objection is pref erred, the party against whom an order is made may institute a suit to establish the right which he claims. to the property in dispute, but, subject to the result of such suit, if any, the order shall be conclusive. SUB-PARAGRAPH 4. SALE GENERALLY Art. 422.- Order for sale of property attached (I) Any court executing a decree may on application order that any property attached by it and liable to sale, or such portion thereof as may seem necessary to satisfy the decree, shall be sold, and that the proceeds of such sale, or a sufficient portion tnereof, shall be paid to the party entitled under the decree to receive the same . .. (2) Unless otherwise directed, every sale in execution of a decree shall be: (a) conducted by an officer of the court or by such other person as the court may appoint in this behalf (hereinafter ref erred to as the auctioneer); and (b) made by public auction in accordance with the following Articles. (3) Nothing in this Article shall prevent the court from authorizing a sale by private contract at the request or with the consent of the judgment -debtor and after hearing the decree-holder. Art. 423.- Proclamation of sales by public auction (I) Where any property is ordered to be sold by public auction in execution of a decree, the court shall cause a proclamation of the intended sale to be made. {2) Such proclamation shall be drawn up after notice to the decree- holder and the judgment-debtor and shall state the time and place of sale, and specify as fairly and accurately as possible: (a) the property to be sold and the estimated value thereof; (b) any incumbrance to which the property is liable; (~) thr runount for the recovery of which the sale is ordered; www.tgalawgroup.com TGA Global Law Firm LL.P CIVIL PROCEDURE CODE 141 (d) the tenns and conditions of the sale and manner in which and time within which the purchase price shall be paid; and (e) every other thing which the court considers material for a purchaser to know in order to judge of the; nature and value of the property. (3) The proclamation shall also draw attention to the provisions of Arts. 440-442 of this Code. Art. 424.- Application for sale (I) An application for an order for sale under Art. 422 shall be ac- companied by a statement sig,1ed and verified in the manner dres- cribed for the signing and verification of pleadings and containing, so far as they are known to or can be ascertained by the penon making the verification, the matters required by Art. 423 (2) to be specified in the proclamation. (2) For the purpose of ascertaining the matters to be specified in.the proclamation, the court may summon any person whom it thinks necessary to summon and may examine him with respect to any such matters and require him to produce any document in his pos- sesion or power relating thereto, and may appoint an expert to estimate the value of the property to be sold. Art. 425.- Mode of making proclamations (I) Every proclamation shall be made and published, as nearly as may be, in the manner prescribed by Art 414 (2). (2) Where the court so directs, such proclamation shall also be pub- lished in a newspaper circulating at the place of the sale and the costs of such publication shall be deemed to be costs of. the sale. (3) Where property is divided into lots for the purpose of being sold separately, it shall not t;,e necessary to make a separate proclama- tion for each lot unless proper notice of the sale cannot, in the opinion of the court, otherwise be.given. Art. 426.- Time of sale Save in the case of property of the kind described in Art. 406 (2), no sale hereunder shall, without the consent in writing of the judgment- debtor, take place until after the expiration of at least thirty days in the www.tgalawgroup.com TGA Global Law Firm LL.P 142 CIVIL PROCEDURE CODE case of immovable property, and of at least fifteen days in the case of movable property, calculated from the date on which the copy of the proclamation has been affixed on the court-house of the court ordering the sale or, where the proclamation has been published in court newspaper, from the date of such publication, whichever is the later. Art. 41:7 .- Stoppage of sale Every sale shall be stopped if, before the lot is knocked down, the debt and costs, including the costs of the sale, are tendered to the auctioneer, or proof is given to his satisfaction that the amount of such debt and costs has been paid into the court which ordered the sale. Art. 428.- Second auction (1) Where the highest bid at a sale by auction does not reach a sum equal to the value specified in the- proclamation in accordance with Art. 423 (2) (a) , a second sale by_ auction shall be held after the issue of a fresh proclamation in the manner and within the time specified above and the sale shall thereafter be effected to the highest bid, whatever its amount. (2) Where no bidder presents himself at the second auction, the court may, notwithstanding any provision to the contrary, authorize the decree-holder to take possession of the property ordered to be sold at its estimated value in full or partial satisfaction of the decree, as the case may be. Art. 429.- Def au/ting purchaser answerable for loss on re-sale (1) Where the purchase price is not paid or deposited according to the provisions of the law or the terms and conditions of sale, such sale shall be deemed to be cancelled and a resale may be ordered by the court after the issue of a fresh proclamation in the manner and within the time specified above. (2) Any deficiency of price which may happen on such resale and all expenses attending such resale shall be certified to the court by the auctioneer and shall, at the instance of either the decree- www.tgalawgroup.com TGA Global Law Firm LL.P CIVIL PROCEDURE CODE 143 holder or the judgment-debtor, be recoverable from the default- ing purchaser under the provisions relating to the execution of a decree for the payment of money. (3) On payment of the purchase money, the auctioneer shall grant a receipt for the same, and the sale shall become absolute, (4) For purposes of bidding, a resale by auction ordered under this Article shall be deemed to be a first auction. Art. 430.- Decree-holder not to bid for or buy property without permission (1) No holder of a decree in execution of which property is sold shall, without the written permission of the conrt, a copy of which shall be given by the court to the auctioneer, bid for or purchase the property. (2) Where a decree-holder purchases with such permission, the purchase-money and the amount due on the decree may, on such terms as shall be prescribed, be set off against one other, and the court executing the decree shall enter up satisfaction of the decree in whole or in part accordingly. (3) Where a decree -holder purchases, by himself or through another person, without such permission, the court may, if it thinks fit, on the application of the judgment-debtor or any other person whose interests are affected by the sale, by order set aside the the sale and order a resale, in which case the provisions of Art. 429 shall apply by analogy. Art. 431.- Restriction on bidding or purchase by officers (1) No auctioneer or other person having any duty to perform in connection with any sale shall, either directly or indirectly, bid for, acquire or attempt to acquire any interest in the~ property sold. (2) Where a sale takes place i., contravention of the provisions of sub-art .. (1), the sale may be set aside in accordance with Art. 430 (3). www.tgalawgroup.com TGA Global Law Firm LL.P 144 CIVIL PROCEDURE CODE SUB-PARAGRAPH S. SALE OF MOVABLE PROPERTY Art. 432.- Sale of agricultural produce (I) Where the property to be sold is agricultural produce, the sale shall be held : (a) if such produce is a growing crop, on or near the land on which such crop has grown; or (b) if such produce has been cut or gather~d, at or near the thereshing-floor or place for treading out grain or the like or fodder-stack on or in which it is deposited : Provided that the court may direct the sale to be held at the place of public resort, if it is of opinion that the produce is thereby likely to sell to greater advantage. (2) The sale shall as far as possible be held on a market day. Art. 433.- Special provisions relating to growing crops (1) Where the property to be sold is a growing crop and the crop from its nature admits of being stored but has not yet been stored, the day of the sale shall be so fixed as to admit of its being made ready for storing before the arrival of such day, and the sale shall not be held until the crop has been cut or gathered and is ready for storing. (2) Where the crop from its nature does not admit of being stored, it may be sold before it ·is cut and gathered, and the purchaser shall be entitled to l.-nter on the land, and to do all that is necessary for the purpose of tending and cutting or gathering it. Art. 434.- Negotiable instruments and shares in corporations Where the property to be sold is a negotiable instrument or a share in a corporation, the court may, instead of directing the sale to be made by public auction, authorize the sale of such instrument or share through a broker. Art. 435.- Irregularity not to vitiate sale No irregularity in publishing or conducting the sale of movable property shall vitiate the sale, but any person sustaining any injury by reason of such irregularity at the hand of any other person may www.tgalawgroup.com TGA Global Law Firm LL.P CIVIL PROCEDURE CODE 145 institute a suit against him for compensation or, if such other person is the purchaser, for the recovery of the specifie property and for compensation in default of such recovery Art. 436.-- De!il'ery of movable property, debts and shares (1) Where the property sold is movable property of which actual seizure has been made, it shall be delivered to the purchaser. (2) Where the property sold is movable property in the possession of some person other than the judgment-debtor, the delivery thereof to the purchaser shall be made by giving nouce to the person in possession prohibiting him from delivering possession of the property to any person except the purchaser. (3) Where the property sold is a share in a corporation,. the delivery thereof shall be made by a written order ot the court prohibiting the person in whose name the share may be standing from making any transfer of the share to any person except the purchaser, or receiving payment of any dividend or interest hereon, and the manager, secretary or other proper officer of the corporation from permitting any such transfer or making any such payment to any person except the purchaser. Art. 437.- Transfer of negotiable instruments and shares ( 1) Where the execution of a document or tfii endorsement of the party in whose name a negotiable instrument or a share in a corporation is standing is required to transfer such negotiable instrument or share, the provisions of Art. 401 (4) shall apply and the execution or endorsement shall have the same effects as an execution or endorsement by the party. (2) Until the transfer of such negotiable instrument or share. the court may, by order, appoint some person to receive any interest or dividend due thereon and to sign a receipt for the same, and any receipt so signed shall be as valid and effectual for al: pur- poses as if the same had been signed by the party himself. Art. 438.- Vesting order in case of other property In the case of any movable property not hereinbefore provided for. the court may make an order vesting such property in the purchaser www.tgalawgroup.com TGA Global Law Firm LL.P 146 CIVIL PROCEDURE CODE or as he may direct, and such property shall vest accordingly. SUB-PARAGRAPH 6. SALE OF IMMOVABLE PROPERTY Art. 439.- Postponement of sale to enable judgment-debtor to raise amount of decree (1) Where an order for the sale of immovable property has been made if the judgment-debtor can satisfy the court that there is reason to believe that the amoun! of the decree may be raised by the mortgage or lease or private sale of such property, or some part thereof, or of any other immovable property of the judgment-debtor, the court may, on his application and on the conditions· laid down in Art 422 (3), pospone the sale o( the property comprised in the order for sale on such terms and for such period as it thinks proper, to enable him to raise the amount. (2) In such case the court shall grant a certtticate to the judgment- debtor authorizing him within a period to be mentioned therein, and notwithstanding anything contained in Art. 422, to make the proposed mortgage, lease or sale: Provided that all moneys payable under such mortgage, lease or sale shall be paid, not to the judgment-debtor, but, save in so far as a decree-holder is entitled to set off such money under the provisions of Art. 430 (2), into court. (3) No mortgage, lease or sale under this Article shall become abso- lute until it has been confirmed by the court. (4) Nothing in this Article shall be deemed to apply to a sale of property directed to be sold in execution of a decree for sale in enforcement of a mortgage of such property. Art. 440.- Deposit by purchaser and re-sale on default (1) On every sale of immovable property the person declared to be the purchaser shall pay immediately after such declaration a depo- sit of twenty-five per cent. on the amount of his purchase-money to the auctioneer. (2) Where the decree-holder is the purchaser and is entitled to set off the purchase-money under Art. 430 (2) the court may dispense with the requirements of sub-art. (1). www.tgalawgroup.com TGA Global Law Firm LL.P CIVIL PROCEDURE CODE 147 Art. 441.- Time for payment in full of purchase money The full amount of purchase-money payable shall be paid by the purchaser to the auctioneer within fifteen days from the sale of the property: Provided that. in calculating the amount to be so paid, the pur- chaser shall have the advantage of any set-off to which he may be entitled under Art. 430 (2). Art. 442.- Procedure in default of payment In default of payment within the peciod mentioned in Art 441, the deposit may, if the court thinks fit, after defraying the expenses of the sale, be forfeited to the Government, and the property shall be re- sold and * defaulting purchaser shall forfeit all claim to the property • to any part of the sum for which it may subsequently be sold. Art. 443.- Bid of co-sharer to have preference Where the property sold is a share of undivided immovable property and two or more persons, of whom one is a co-sharer, respectively bid the same sum for such property or for any lot, the bid shall be deemed to be the bid of the co-sharer. Art. 444.- Application to set aside sale (1) Where immovable property has been sold in execution ofa decree, any person, either owning such property or holding an interest therein by virtue of a title acquired before such sale, may apply to have the sale set aside on such conditions as the court may de- termine. (l) Where a person applies under Art. 445 to set aside the sale of his immovable property, he shall not, unless he withdraws bis a~ plication be entitled to make or prosecute an application under this Article. (3) Nothing in this Article shall relieve the judgment-debtor from any liability he may be under in respect of costs and interest not ~ vered by the proclamation of sale. Art. 44S.- Application to set aside sale on ground of irreplarity or fratl Where an immovable property has been sold in execution of a decree, the decree-holder, or any person entitled to share in a rateable dis- www.tgalawgroup.com TGA Global Law Firm LL.P 148 CIVIL PROCEDURE CODE --------------·------- tribution of assets, or whose interests are affected by the sale, may apply to the court to set aside the sale on the ground of a material irregularity or fraud in publishing or conducting it: Provided that no sale shall be set aside on the ground of ir- regulatity or fraud unless the applicant satisfies the court that he has sustained substantial injury by reason of such irregularity or fraud. Arf. 446.-- Application to set aside sale ,rhcre 110 saleable i111c1-es1 The purchaser at any such sale in execution of a decree may apply to the court to set aside the sale, on the ground that the judgment- debtor had no saleable interest in the property sold. Art. 447.-- Sale 1rhe11 to become absolute or be set aside (I) Where no application is made under Arts. 444-446 within two months of the sale, the sale shall become absolute. (2) Where any such application is made but it is disallowed, the court shall make an order confirming the sale and thereupon the sale shall become absolute. (3) Where a sale of immovable property has become· absolute, the court shall grant a certificate specifying the property sold and the name of the person who at the time of sale is declared to be the purchaser. Such certificate shall bear date the day on which the sale became absolute. (4) Where any such application is made and allowed, the court shall make an order setting aside the sale: Provided that no order shall be made unless notice of the ap- plication has been given to all persons affected thereby. (S) Where a sale of immovable property is set aside under sub-art. (4), the purchaser shall be entitled to an order for repayment of his purchase-money, with or without interest as the court may direct, against any person to whom it has been paid. Art. 448.- Delivery of property in occupancy of judgment-debto•· Where the immovable property sold is in the occupancy Jf the judg- ment-debtor or of some person on his behalf or of some person c·laiming uuaer a title created by the judgment-debtor subsequently to the attachment of such property and a certificate in respect thereof has been granted under Art 447 (3), the court shall, on the application www.tgalawgroup.com TGA Global Law Firm LL.P I CIVIL PROCEDURE CODE 149 of the purchaser, order delivery to be made by putting such purchaser or any person whom he may appoint to receive delivery on his behalf in possession of the property, and, if need be, by removing any person who refuses to vacate the same. Art. 449.- Delivery of property in occupancy of tenant Where the property sold is in the occupancy of a tenant or other person entitled to occupy the same and a certificate in respect thereof has been granted under Art. 447 (3), the court shall, on the applica- tion of the purchaser, order delivery to be made by affixing a copy of the certificate of sale in some conspicuous place on the property, and proclaiming to the occupant by beat of drum or other customary mode, at some convenient place, that the· interest of the judgment- debtor has been transferred to the purchaser. PARAGRAPH 4. RF.SISTANCE TO DELIVERY OF POSSF.SSION Art. 4!0.- Resistance or obstruction to possession of immovable property (1) Where the holder of a decree for the possession of immovable property or the purchaser of any such property sold in execution of a decree is resisted or obstructed by any person in obtaining possession of the property, he may make an application to the court complaining of such resistance or obstruction. (2) The court shall fix a day for investigating the matter and shall summon the party against whom the application is made to appear and answer the same. Art. 451.- Resistance or obstruction by judgment-debtor Where the court is satisfied that the resistance or obstruction was occasioned without good cause by the judgment-debtor or some other person at his instigation, it shall direct that the applicant be put into possession of the property, and where the applicant is still resisted or obstructed in obtaining possession, the court may also, at the instance of the applicant, order the judgment-debtor, or any person acting at his instigation, to be detained in the civil prison for a period not exceeding thirty days. www.tgalawgroup.com TGA Global Law Firm LL.P 150 CIVIL PROCEDURE CODE Art. 452.- Resistance or obstruction by bona fide claimant Where the court is satisfied that the resistance or obstruction was occasioned by any person, other than the judgment-debtor, claiming in good faith to be in possession of the property on his own account or on account of some person other than the judgment-debtor, the court shall make an order dismissing the application. Art. 453.- Dispossession by decree-holder or purchaser (1) Where any person other than the judgment-debtor is disposses- sed of immovable property by the holder of a decree for the possession ot such propei;ty or where such property has been sold in execution of a decree, by the purchaser thereof, he may make an application to the court complaining of such disposses- sion. (2) The court shall fix a day for investigating the matter and shall summon the party against whom the application is made to appear and answer the same. (3) Where the court is satisfied that the applicant was in possession of the property on his own account or on account of some person other than the judgment-debtor, it shall direct that the applicant be put into possession of the property. Art. 454.- Provisions not applicable to transferee lite pendente Nothing in Arts. 452 and 453 (3) shall apply to resistance or obstru- ction in execution of a decree for the possession of immovable property by a person to whom the judgment-debtor has transferred the property after the institution of the suit in which the decree was passed or to the dispossession of any such person. Art. 455.- Orders conclusive subject to regular suit Any person not being a judgment-debtor against whom an order is made under Art. 451, 452, or 453 (3) may institute a suit to estab- lish the right which he claims to the present possession of the property, but, subject to the result of such suit, if any, the order shall be con- clusive. www.tgalawgroup.com TGA Global Law Firm LL.P CIVIL PROCEDURE CODE 151 CHAPTER 2. EXECUTION OF FOREIGN JUDGMENTS Art. 456.- Principle (1) Unless otherwise expressly provided for by international con- ventions, foreign judgments may not be executed in Ethiopia except in accordance with the provisions of this Chapter. (2) No foreign judgment shall be executed in Ethiopia unless an application to this effect is made. (3) An application under sub-art. (2) shall be made to the division of the High Court on circuit in the Teklay Guezat where execution is to take place. Art. 457.- Form of application An application for the execution of a foreign judgment shall be in writing and shall be accompanied by : (a) a certified copy of the judgment to be executed; and (b) a certificate signed by the President or the ~strar of the court having given judgment to the effect that such judgment is final and enforceable. Art. 458.- Conditions for allowing application Permission to execute a foreign judgment shall not be granted unless (a) the execution of Ethiopian judgments is allowed in the country in which the judgment to be executed was given; (b) the judgment was given by a court Juiy established and con- stituted; (c) the judgment-debtor was given the opportunity to appear and present his defence; ( d) the judgment to be executed is fmal and enforceable; and (e) execution is not contrary to public order or morals. Art. 459.- Procedure (1) The court to which the application is made shall enable the party against whom the judgment is to be executed to present his observations within such time as it shall fix. www.tgalawgroup.com TGA Global Law Firm LL.P 152 CIVIL PROCEDURE CODE (2) The court shall decide whether pleadings may be submitted. " (3) In cases of doubt the court may suspend its decision until all doubtful points have been clarified. Art. 460.- Decision (1) The decision shall be made on the basis of the application unless the court for some special reason to be recorded decides to hear the parties at a hearing which it shall fix. (2). The court shall at the same time decide on costs . • (3) Where the application is allowed and permission to execute is granted, the foreign judgment shall be executed in Ethiopia as though it had been given by an Ethiopian court. . Art. 461.--- Enforcement of foreign awards (I) Foreign arbitral awards may not be enforced in Ethiopia unless : (a) reciprocity is ensured as nrovided for by Art. 458 (a); (b) the award has been made following a regular arbitration agreement or other legal act in the country where it was made; (c) the parties have had equal rights in appointing the arbitrators and they have been summoned to attend the proceedings; (d) the arbitrarion tribunal was regularly constituted; (e) the award does not relate to matters which under the pro- visions of Ethiopian laws could not be submitted to arbitra- tion or is not contrary to public order or morals; and (t) the award is of such nature as to be enforceabk on the con- dition I.aid down in Ethiopian laws. (2) The provisions of the preceding Articles shall apply by analogy \11·hen the enforecement of a foreign award is sought. BOOK VII. COSTS CHAPTER 1. GENERAL PROVISIONS Art. 462.---Power of c,Jurt Unless otherwise expressly provided, the costs of ,,nd incident to all suits shall be i.1 the discretion of the court and the ccurt shall have full n,)wer to decide by whom 0r out of what proJjl:rty and www.tgalawgroup.com TGA Global Law Firm LL.P CIVIL PROCEDURE CODE 153 to what extent such costs are to be paid and to give all necessary directions to this effect. Art. 463.- Bill of costs (1) Where the court has ordered the unsuccessful party to pay the costs, the successful party shall prepare an itemised bill of costs showing the expenses he has incurred in the S\lit. (2) The bill shall be filed in the court having given judgment and a· copy thereof shall be served on the party liable for costs. Art. 464.- Taxation of bill (1) On the filing of the bill, the court shall fix a day for considering the bill and shall summon the parties to appear on such day. (2) After considering the bill and hearing the parties, the court may : (a) reduce any item in the bill which in its opinion is excessive: or (b) disallow such costs, charges and expenses as in its opinion were not necessary or proper for the attainment of justice or for the defending of the rights of any party. (3) Where the party entitled to costs has failed to file a bill, the court shall, after recording such failure, certify the costs of the other parties or may allow the defaulting party a nominal or other sum so as to prevent any other party being prejudiced by such default. (4) Costs shall carry interest at the legal rate as from the day of the judgment until final settlement. (5) Nothing in this Article shall prevent the court from requiring the registrar to consider the bill and hear the submissions of the parties and to report thereon to the court before any decision is made under this Article: Art. 465.- Compensatory costs (1) Where in any suit or proceeding, a party objects to a claim or defence on the ground that it is, in whole or in part, as against the objector, false or vexatious to the knowledge of the party by whom it has been put forward, and such claim or defence is subsequently disallowed. abandoned or withdrawn in 'Vholr. or www.tgalawgroup.com TGA Global Law Firm LL.P IS4 CIVIL PROCEDURE CPDE in part as against the objector, the court may, if it thinks fit and after recording its reasons for holding such claim or defence false or vexatious, make an order for the payment to the objector, by the party by whom such claim or defence was put forward, of costs by way of compensation up to an amount not exceeding five hundred dollars. (2) No person against whom an order has been made under this Article shall, by reason thereof, be exempted from criminal proceedings under Art. 446 of the Penal Code with respect to any false statement made· by him. (3) The amount of any compensation awarded under this Article shall be taken into account in any subsequent suit for damages or compensation with respect to the claim or defence held to be false or vexatious. Art. 466.-Appeal A ·party may, notwithstanding that he does not appeal from a judg- ment, appeal from any decision on costs made in such judgment and the decision of the Appellate Court shall be final. CHAPTER 2. SUITS BY PAUPERS Art. 467.- Suits may be instituted in forma puperis (1) Any suit may be institued by a pauper on the conditions laid down in this Chapter. (2) Whosoever is. not possessed of sufficient means to enable him to pay all or part of.the prescribed court fee shall be deemed to be a pauper within the meaning of sub-art. (1) and may apply for leave to sue as a puper. Art. 468.-Contents of appltcation (1) An application under Art. 467 (2) shall be in the forr:; provided for by the Third Schedule to this Code and shall be supported by an affidavit in the form provided for by the i;aid St:hedule. (2) The applicant or his a~ent shall file the application 1.-.,g'!the1 with the :;tatemcnt of claim. www.tgalawgroup.com TGA Global Law Firm LL.P CIVIL PROCEDURE CODE 155 Art. 469.- Examination of applicmzt (1) On the filing of an application made in proper form. the court may, if it thinks fit, examine the applicant or his agent as to the merits of the claim and the property of the applicant. (2) Where the application is filed by an agent. the court may, if it thinks fit, summon the applicant to appear or issue a commis- sion for his examination. (3) Where the application is not made in proper form, the court may require the applicant to amend it then and there or within such time as it shall think fit. Art. 470.- Rejection of application The application shall be rejected where it appears from the appli- cation or the examination held under Art. 469 or 471 that (a) the applicant is not a pauper; (b) there is no cause of action; (c) the applicant has, within two months next before the filing of the application disposed of any property fraudulently or in order to be able to apply for leave to sue as a pauper; or (d) the applicant has entered into any agreement with respect to the subject-matter of the proposed suit under which any other person has obtained an interest in such subject-matter. Art. 471.- Evidence of pauperism (1) Where the court sees no reason for rejecting the application under Art. 470, it shall fix a day for receiving such evidence as the applicant may adduce in proof of his pauperism, and for hearing any evidence which may be adduced in disproof thereof. (2) The day fixed under sub-art. (1) shall be notified not less than ten days in advance to the opposite party. Art. 472.- Procedure at hearing (1) On the day fixed under Art. 471, the court shall examine such witnesses as may be produced _by either party, and may examine the applicant or bi~ agent, and shall record the substance of their evidence. www.tgalawgroup.com TGA Global Law Firm LL.P 156 CIVIL PROCEDURE CODE (2) The court shall also hear any argument which the parties may, wish to offer on the question whether, on the face of the appli- cation and of the evidence, if any, taken by the court, the application should be refected under Art. 470 (a), (c) or (d). (3) The court shall then allow or refuse to allow the applicant to sue as a pauper. Art. 473.- Procedure when application granted Where the application is granted, the applicant shall be given a certificate to this effect and upon the application_ being numbered and registered, the suit shall proceed in all other respects as a suit instituted in the ordinary manner, except that the plaintiff shall not be liable to pay the whole or part of the court fee· or other fees or charges in proceedings connected with the suit, as the court may direct. Art. 474.- Validity of certificate (I) A certificate issued under Art. 473 shall be val d until the proceed- ings in relation to which it was issued are completed or until it is discharged. (2) A certificate shall only be valid in the proceedings in relation to which it was issued: Provided that, where an appeal is made against any order or judgment given in the proceedings in relation to which a certi- ficate was issued, such certificate shall be discharged where the poor person appeals but shall remain valid where the other party appeals. (3) Nothing in sub-art. (2) shall prevent a pauper from applying to the Appellate Court for leave to appeal as a pauper. Art. 475.- Dispaupering • (I) The cou.-t may, 01 us uwn motion, or on the application of the defendant of which notice has been given to the plaintiff, order the plaintiff to be clispaupered and the certificate issued under Art. 473 to be dischcarged where: (a) in the course of the pro.:;ecdings be fails without good cause to appear or is guilty. of vexatious or improper conduct; (b) it appears that his means are such that be should not have www.tgalawgroup.com TGA Global Law Firm LL.P CML PROCEDURE. CODE 157 been permitted or ought not to continue to sue as a pauper: or (c) he has entered into any agreement with respect to the subject- matter of the suit under which any other person has obtained an interestin such subject-matter. (2) Where the plaintiff is dispaupered for the reaso11s mentioned in sub-art (1) (b) or (c), the court shall order him, or any person added as co-plaintiff to the suit, to pay such fees as would have been payable if the plaintiff had not been permitted to sue as a pauper Art. "76.- Costs where pa,q,er succeeds , Where the plaintiff succeeds in the suit, the court r-ee and other fees which would have been payable if the plaintiff had not been permitted • to sue as a pauper shall be recoverable by the execution officer from the unsuccessful party, and shall be first charge on the subject- matter of the suit. Art. 477.-Bar of subsequent application! An order refusing to allow the applicant leave £0 sue as a pauper or dispaupering him shall be a bar to any subsequent application of the like nature by him with respect to the right to institute the same suit, but the applicant shall be at liberty to institute a suit in the ordinary manner with respect to such right, provided that he first pays the costs, if any, incurred by die opposite party in opposing his application for leave to sue as a pauper. Art. "78.- Pauper becoming possessed of means A pauper becoming possessed of means in the course of the pro- ceedings in relation to which a certificate has been issued under Art. 473 or within ten vears of haviQg been issued therewith shall forth- with inform the court which issued the same and shall, where he fails so to inform the court be deemed to be guitly of an offence con- trary to Art. 656 of the Pedal Code. Art. ffl.- Costs The costs of an application for leave to sue as a pauper and of an inquiry into pauperism sball be costs in the suit. www.tgalawgroup.com TGA Global Law Firm LL.P ISi CIVIL PROCEDURE CODE BOOK vm. FINAL PROVISIONS Art. 481.- Disciplinary powers Any president of a court or presiding judge may take such action as may be necessary to ensure order in court and the administration of justice in accordance with the provisions of this Code and may sum- marily punish with a fine any party, pleader or other person who is guilty of improper conduct in the course of any proceedings. Art. 481.- Summary punishment of certain offences Any court may summarily punish flagrant offences committed in violation of Art. 442, 446 or 447 of the Penal Code, provided that in passing sentence for such an offence: (a) a Woreda Guezat Court may only impose simple imprison- ment not exceeding one year; and (b) an Awradja Guezat Court may only impose rigorous impri- sonment not exceeding three years. Art. 482.- Regulations The Minister of Justice shall make regulations concerning any matter which under this Code may or shall be prescribed. Art. 483.- Power of Minister to make Rules (1) The Minister of Justice may, from time to time, make Rules to add to, or to amend, the provisions of this Code : Provided that no rules shall be made inconsistent with the provi- sions of this Code dealing with the material jurisdiction (Arts. 12 to 18) and appellate jurisdiction (Arts. 321 to 322) of the Courts. (2) Rules made under this Article and under Article 482 shall be pub- lished in the Negarit Gazeta. www.tgalawgroup.com TGA Global Law Firm LL.P CIVIL PROCEDURE CODE Corrigenci& Page 3, Art. 5 (3), bt line, read "expreeely". !Page s, Ar.t. 9 (2), 2nd line, read "accordance". •Page 9, Art. 20 (1), bt line, read "bus~". iPage 12, Art. 31 title, read "Change". !Page 34, Art. ·37 1st line, read "-summons". Page 35, Art. 99 (1), read at the end af.ter the w,oro "good service". P-a;ge 44, Art. 129 (2) (c), 2nd line, read "proceeding". Page 45, Art. 133 ( 1), 3rd line, read "hiB''. 1S9 deemed 1 Page 46, Art. 136 (2), ls,t line, read "clearly". ipage 46, Art. 137 ( 1), ...&er the word which in the 3rd line delete "(2) The commission shall !!pecify clea,rly and distinotly the faots to be". Page 50, Art. 149 (4), lat line, read "court". Page 53, Art. 154 (h), ht line on thi.,. pa-gc "court". Pa.~ 55, Art. 163 (2), 1st line, re,a•tl "against". Patge 57, Art. 169 (a), 1st line, read "form". Page 57, Art. 172 (1), 1st lillle, re,ad "accord,ance". P·age 58, Art. 173 (2), bit line, :rea,d "under". Page 59, Arit. 177 (3), ht line, read "is" aft.er the wor1l re~trained. Page 69, Ar.t. 179 (2), 4th line, read "contrary". Page 63, Art. 185, 2nd line, read "-alterna-tive". Page 64, Art. 190 2nd line rea.cl "therein". P·age 64, Art. 192 2nd lin-e, reacl "in" after the w-OTd done. Page 65, Art. 193 (2), ht line. 1·ea-d "observance". IPage 66, Art. 197 (3), lrd Hne, rea,d "the" a:£ter the words respect to. iPage 67, Art. 200 ( 3) , 1st line, rPad "'under" \Page 67, Art. 201 (2), 6th ~ read "it" afit.er the words other- wiee ae. !Page 69, Art. 205 (2), after the word attac.hed, ht word on thi~ page, a.dd and rea•cl "Unle~s t!1e court other• wi..e direClts the costs of every affidavit or" www.tgalawgroup.com TGA Global Law Firm LL.P CIVIL PllOCEDUllE CODE ~a iPage 71, Art. 213 4ielde (3) eompletely. (Page 73, Art. 223 (1), 1st line, read "sta,tement" . . (Page 74, Art. 224 (I), ht line, read "specilically". :r 78, Ar.t. 236 (1), 6th. line, read "defence" (2), 2nd line, read "cro,ss-suit". Art. 238 title, read "E:x.aminllllion". !Page 79, Art. 239 (1), 3rd line on this page, read "aueh time". Pa-ge 79, Art. 241 ( 3) , 1st line, a,f,te.r the word pleader read "or" 1Page 81, Art. 246 ( 1), 3rd line, after the wcml are, read "a-t". ,Page 84, Art. 254 ( 1), 3rd line, read "may". iPage 8~, Ar.t. 258 (2), 2nd line, "accordance". Poage . 90, Art. 277 ititle, read "com,promiee". Page 95, Art. 295 l&t line, after the wO'rds Where the r-c,a·d "thing". 'Page 96, Art. 299 (2), 2nd line, rea,d "registry". Page 98, Art. 305 ( 2) , 5th line, read "interdiction"; 8th line, read "autho-". Page 99, Art. 308 (2), delde repetition. !Page 100, Al"t. 309 (2), 3rd line, read "dri:rectoN". ( 4), 6th line, read "applicable". Page 105, Art. 324 (2), 7th line, read "appellant". Page 109, Art. 337 6th line, read ".re9pondent". !Page 111, Art. 342 5th line, read "standing". -Page 113, Art. 349 ht line, read "imo1fa:r". Page 119, Art. 368 (2) (h), 2nd line, -rea,d "praot~a.blc". Page 126, Art. 384 (h), let line, read "seh~equent". Page 135, Art. 408 (l), 3rd line, read "ena,bling". (3), 5th Ii-tie, l'e8d "incul'l"ed". ( 5) , 3rd line, read "court". IP&F 137, Ar.t. 411 (3), 18l line, read ••attachable". Page 156, An. 472 (2), 4th Jine, read "rejected". Art. 474 (1), ht line, read "valid". www.tgalawgroup.com TGA Global Law Firm LL.P Article of the law 40 (2) 40 (5) 50 70 80 92 94 96 (I) 104 107 (I) 109 Ill andll4 118 (2)' 120 (2) 121 122 127 132 an,N34 147 148 149 150 ISi andl!§2 151 154 166 168 202 223 240 SCHEDULFS. FORMS nRST SCHEDULE FORM OF PLEADINGS SECOND SCHEDULE PROCESS THIRD SCHEDULE. MISCELLANEOUS FORMS FOURTH SCHEDULE. EXECUTION TABLE OF ARTICLES UNDER WHICH FORMS ARE MADE No. of Schedule and form II, I II, 2 II, 3 II, 4 I, A-D I, E II, 5 II, 6 II, 7 II, 8 II, 9 II, 10 II, 11 II, 12 II, 13 III, I III, 2 III, 3 II, 14 III, 4 II, 15 II, 16 III, 5 III, 6 III, 7 III, 8 III, 9 III, 10 J. F III, 11 Contents Notice to person to be added as co-plaintiff Notice to party joined as respondent Sum~ons to representative of deceased defendant Notice to defendant Form of pleadings Verification of pleadings Summons for appearance of defendant Order for service of summons on prisoner or member of Armed Forces Affidavit of serving officer on return of summons Order for service of summons in jurisdiction of other court Order for service of summons on public servant or employee Summons to witness Warrant of arrest of witness Warrant of committal Warrant of committal Letter of request Commission to examine witness Commission for local investigation or examination of accounts Warrant of arrest before judgment Security for appearance of defendant arrested before judgment Summons to defendant to appear on surety's application for discharge Order for committal Attachment before judgment Security for productir 1 of property Temporary injunctions Appointment of receiver Bond given by receiver Security for costs of appeal List of annexes Notice to admit documents www.tgalawgroup.com TGA Global Law Firm LL.P 2 Article of No. of the law Schedule 252 26land262 265 281 285 335 336 338 372 373 381 (3) 382 388 389 390 394 396 (2) 399 401 (2) 401 (4) 401 409 411 412 413 414 416 418 422 423 425 429 436 and form Contents Ill, 12 Agreement of parties as to issues to be tried Ill, 13 Form of oath 111, 14• Notice to parties of dav foed for i:xamininp: witness about to Ill, 15 II, 17 III, 16 m,J7 II, 18 IV, I IV, 2 IV, 3 IV, 4 IV, 5 IV, 6 IV, 7 IV, 8 IV, 9 IV, 10 IV. 11 IV l2 IV, 13 IV, 14 IV, 15 IV, 16 IV, 17 IV, 18 IV, 19 IV, 20 IV, 21 IV, 22 IV, 23 IV, 24 IV, 25 leave jurisdiction Notice of payment into court Summons in, summary suit on negotiable instrument Security bond on order for stay of execution Security bond on order for execution pending appeal Notice to respondent of day fixed for hearing of appeal Order sending decree for execution to other court Certificate of non-satisfaction of decree Notice to show cause why execution should not issue Notice to surety of his liability under decree Warrant of arrest in execution Warrant of committal of judgment-debtor to prison Order for release of person imprisoned in execution Warrant of attachment of movable property in execution of decree for money Notice to show cause why payment or adJustmcnt should not be recorded Warrant for seizure of specific movable adjudged by decree Notice to state objections to draft of document Form of endorsement Warrant to give possession of immovable Attachment of property not in possession of judgment-debtor Attachment of salary Attachment of negotiable instrument Attachment of property in custody of court or public officer Attachment of immovable property Payment of money in hands of third party Notice to attaching creditor Order for sale of property attached Proclamation of sale Order for publication of prociarnatiori of sale Certificate by auctioneer of deficiency of price on re-sale Notice to person in possession of movable property sold in ex1:eution www.tgalawgroup.com TGA Global Law Firm LL.P 3 Anicle of No. of the law Schedule G 447 448 4!0 451 468 471 and form IV, 26 IV, 27 IV, 29 IV, 30 IV, 31 m, 1s m, 19 Contents Certificate authorising mortgage, lease or sale of property Notice to show cause why sale should not be set aside Order for delivery of immovable sold Summons to appear and answer charge of obstructing execution Warrant of committal Application for leave to sue as a pauper Notice of day fixed for bearing evidence of pauperism Additional forms m, 20 Petition for probate of will and of order of partition m, 21 Petition for declaration of heirs-at-law and for approval of order of panition m, 22 Application for appointment of liquidator by court (in the ~ of testate succession) m, 23 Petition for appointment of liquidator by court (in the case intestate succession) m, 24 Notice to show cause (General form) www.tgalawgroup.com TGA Global Law Firm LL.P .. INTHE nasr SCHEDULE. FORM OF PLEADINGS (ART. 80) A • TITLE OF SUITS COURT OF A.B. (description and residence) Plaintiff' against C.D. (description and residence) B . DF.SCIUPTION OF PARTIFS The Imperial Ethiopian Government The Advocate General The A.B. Share Company, having its registered off1CC at A.B., an officer of the C.D. Company Defendant A.B. (description and residence), on behalf of himself and all other creditors of C.D. (dC!ICri- ption and residence) A.B. (description and residence ), on behalf of himself and all other holders of debentures issued by the C.D. Share company A.B., a minor (description and residence), by C.D., his tutor A.B. (description and residence), by his attorney C.D. (description and residence) consti- tuted by general power of attorney dated the A.B., a firm carrying on business in partnership at A.B. (description and residence). t>wn1tor c,ff".O .. dl·l·~a,~d A.B. (description and residence), heir of C.D., deceased C • STATEMENTS OF CLAIM No 1. MONEY LENT A.II., the above-named pl11intiff, states as follows: (1) On the ...... day of ...... 19 ...... , he lent the defendant E. . ..... repayable on the ..... . day of ...... 19 ...... . (2) The defendant has not paid the same, except E. . •.... paid on the ...... day of ...... 19 ........ (If the plaintiff claims exemption from any law of limitation, say: (3) The plaintiff was a minor (or insane) from the ........ day of ....... 19 ........ till the ..... . day of ...... 19 ....... (4) (Facts showing when the cause of action arose and that the court has jurisdiction). (5) The value of the subject-matter of the suit for the purpose of jurisdiction is E. . ..... . (6) The plaintiff claims E. . ..... , with interest at ...... per cent from the ...... day of ..... . 19 ...... . No. 2. MONEY OVERPAID A.B., the above-named plaintiff. states as follows: (I) On the ....... day of ....... 19 ....... , the plaintiff agreed to buy and the defendant agreed to sell ...... bags of coffee at E. .. .... per bag. (2) The plaintiff procured the said bags to be assayed by E.F., who was paid by lhc defendant for such assay, and E.F. declared each of the bags to contain IN q or www.tgalawgroup.com TGA Global Law Firm LL.P 5 coffee and the plaintiff accordingly paid the defendant E. .. ..... (3) Each of the said bags contained only 90 kg of coffee of which foct the plaintiff was ignorant when he made the payment. (4) The defendant has not repaid the sum so overpaid. (As in paras. 4 and 5 of Form No I, and relief claimed) No. 3. GOODS SOLD AT A FIXED PRICE AND DELIVERED A.8., the above-named plaintiff. states as follows: Cl) On the ....... day of ........ 19 ....... , E.F. sold and delivered to the deli::ndant ......... .. barrels of nour, (or the goods mentioned in the schedule hereto anne:\cd. or sundry goods). (2) The defendant promised to pay E. . ..... for the said goods on delivery (or on the ........ day of ........ 19 ....... , some day before the statement of daun \\as filed). (3) He has not paid the same. (4) E. F. died on the ........ day of ........ 19 ........ By his last will he appointed his brother, the plaintiff. his executor. (As in paras. 4 and 5 of Form No. I) (7) The plaintiff as el!.ecutor of E. F. claims (relief claimed). No. 4. GOODS SOLD AT A REASONABLE PRICE AND DELIVERED A.8., the above-named plaintiff, states as follows : (I) On the ....... day of ....... 19 ........ plaintiff sold and delivered to the defendant (sundry articles of house-furniture), but no express agreement was made a, to the price. (2) The goods were reasonably wort~:· E. (3) The defendant has not paid the money. (As in paras. 4 and 5 of Form No. I, and relief claimed). No. 5. GOODS MADE AT DEFENDANT'S REQUEST, A)';D NOT ACCEPTF.D A.B., the above-named plaintiff, states as follows : (I) On the ........ day of ....... 19 ....... , E.F. agreed with the plaintiff that the plaintiff should make for him (six tables and fifty chairs) and that E.F. should p.iy for th~ goods on delivery E. • (2) The plaintiff made the goods, and on the ........ day of ....... 19 ....... 1,ffercJ to deliver them to E.F., and has ever since been ready and willing so to do. (3) E.F. has not accepted the goods or paid for them. (As in paras. 4 and 5 of Form No. I. and relief claimed). No. 6. DEFICIENCY UPON A RESALE (GOODS SOLD AT AUCTION1 A.B., the above-named plaintiff, states as follows : (I) On the ....... day of ....... 19 ........ , the plaintiff put up at auction sundry (goods). www.tgalawgroup.com TGA Global Law Firm LL.P ' subject to the condition that all goods not paid for and removed by the purchaser within (ten day) after the sale should be resold by auetion on his account, of which condition the defendant had notice. (2) The defendant purchased (one crate of crockery) at the auction at the price or E. (3) The palintiff wu ready and willing to deliver the goods to the defendant on the date of the sale and for (ten days) after (4) The defendant did not take away the goods purchased by him, nor pay for them within (ten days) after the sale, nor afterwards. (5) On the ....... day of ....... 19 ....... , the plaintiff resold the (crate of crockery), on account of the defendant, by public auetion, for E. (6) The expenses attendant upon such resale amounted to E. (7) The defendant hu not paid the deficiency thus arising, amounting to E. (As in paras. 4 and 5 of Form No. 1, and relief claimed). flJ'I. 7. SERVICFS AT A REASONABLE RATE A.B., the above-named plaintiff, states u follows · : (1) Between the ....... day of ........ 19 ....... , and ....... day of ....... 19 ....... , plaintiff (executed sundry drawings, designs and diagrams) for the defendant, at his request; but no express agreement was made u to the sum to be paid for such services. (2) 1lte services were reasonably worth E. (3) The defendant hu not paid the money. (As in paru. 4 and 5 of Form No. 1, and relief claimed). Ne. 8. SERVICES AND MATERIAI.S AT A REASONABLE COST A.B., the above-named plaintiff, states u follows : (1) On the ........ day of ....... 19 ....... , at .......... , the plaintiff built a house (known u No ......... , in ......•. ) and furnished the materials therefor, for the defendant, at his request, but no express agreement was made u to the amount to be paid for such wort and materials. (2) The wort done and materials supplied were reasonably worth E. (3) The defendant bu not paid the money. (As in paras. 4 and 5 of Form No. 1, and relief claimed). No. 9. USE AND OCCUPATION A.B., the above-named plaintiff, executor of the will of X.Y., deceased, states u follows : (1) That the defendant occupied the (house No. . ....... , ........ street), by permission of the said X.Y., from the ....... day of ....... 19 ....... , until the ....... day of ...... . 19 ........ , and no agreement was made u to payment for the use of the said premises. www.tgalawgroup.com TGA Global Law Firm LL.P (2) That·the use of the said premises for the said period was reasonably worth E. (3) The ·defendant has not paid the money. (As in paras. 4 and 5 of Form. No. I). (6) The plaintiff as executor of X.Y. claims (relief claimed). No. 10. ON A FOREIGN JUDGMENT A.B .. the above-named plaintiff, states as follows : 7 (I) On the ....... day of ....... 19 ....... , at ....... , in the State of ....... the .......... Court of that State. in a suit therein pending between the plaintiff and the defendant, duly adjudged that the ........ defendant should pay to the plaintiff E. with interest from the said date. (2) The defendant has not paid the money. (As in paras. 4 and 5 of Form No. I, and relief claimed). No. II. AGAINST SURETY FOR PAYMENT OF RENT A.B., the above-named plaintiff, states as follows : (I) On the ........ day of ........ 19 ......... E.F. hired from the plaintiff for the term of ........ years, the (house No ......... , Street), at the annual rent of E. .. ...... payable (monthly). (2) The defendant agreed, in consideration of the letting of the premises to E.F., to guarantee the punctual payment of the rent. (3) The rent for the month of ....... 19 ....... , amounting to E. .. ...... has not been paid. (If, by the terms of the agreement, notice is required to be given to the surety, add :-) (4) On the ........ day of ........ 19 ........ , the plaintiff gave notic.i to the defendant of the non-payment of the rent, and demanded payment thereof. (5) The defendant has not paid the same. (As in paras. _4 and 5 of Form No. I, and relief claimed). No. 12. BREACH OF AGREEMENT TO PURCHASE LAND A.B., the above-named plaintiff, states as follows : (I) On the ........ day of ........ 19 ........ , the plaintiff and defendant entered into an agreement, and the original document is hereto annexed. (Or, on the ....... day of ........ 19 ....... , the plaintiff and defendant mutually agreed that the plaintiff should sell to the defendant and that the defendant should pur- chase from the plaintiff forty gashas of land in the village of ........ for E. .. ...... ). (2) On the ....... day of ....... 19 ....... , the plaintiff, being then the owner of the property (and the same being free from all incumbrances as was made to appear to the defen- dant), tendered to the defendant a sufficient instrument of transfer of the same (or, was ready and willing. and is still ready and willing, and offered, to transfer the same www.tgalawgroup.com TGA Global Law Firm LL.P 8 to the defendant by a sufficient instrument) on the payment by the defendant of the sum agreed upon. (3) The defendant has not paid the money. (As in paras. 4 and 5 of Form No. I. and relief claimed) No. 13. NOT DELIVERING GOODS SOLD A.B., the above-named plaintiff, states as follows : (I) On the ....... day of ....... 19 ....... , the plaintiff and defendant mutually agreed that the defendant should deliver (one hundred barrels of flour) to the plaintiff on the ....... day of ....... 19 ....... , and t_hat the plaintiff should pay therefor E. on delivery. 12) On the (said) day the pl~intiff was ready and willing. and offered. to pay the defen- dant the said sum upon delivery of the goods. (3) The defendant has not delivered the goods, and the plaintiff has been deprived of the profits which would have accrued to him from such delivery. (As in paras. 4 and 5 of Form No. I, and relief claimed). No. 14. WRONGFUL DISMIS..~.u A.B .. the above-named plaintiff, states as follows : (I) On the ........ day of ....... 19 ....... , the plaintiff and defendant mutually agreed that the plaintiff should serve the defendant as (a cook) and that the defendant should employ the plaintiff as such for the term of (one year) and pay· him for his services E. . ....... (monthly). (2i On the ....... day of ....... 19 .......• the plaintiff entered upon the service of the defen- dant and has ever since been. and still is. ready and willing to continue in such service during the remainder of the said year whereof the defendant always has had notice. (3) On the ....... day of ....... 19 ....... , the defendant wrongfully discharged the plaintiff, and refused to permit .him to serve as aforesaid, or to pay him for his services. (As in paras. 4 and 5 of Form No. I. and relief claimed). No. 15. BREACH OF CONTRACT TO SERVE A.B., the above-named plaintiff, states as follows : (I) On the ....... day of ....... 19 ....... , the plaintiff and defendant mutually agreed that the plaintiff should employ the defendant at an (annual) salary of E. . ...... , and ,1,.,, , 1,, • .t,,1;-11.t:rnt ,hon Id ,ern~ the plaintiff as (an artist) for the term of (o.11e year). (l) The plaintiff has always h.:~n ready and willing to perform his part of the as:reement (and on the ...... day of ...... 19 ......• offered so to do) •. (3) The defendant (entered upon) the service of the plaintiff on the above-mentioned day, but afterwards, 011 the ...... day of ...... 19 ......• he refused to serve the ,,taintilT as aforesaid. www.tgalawgroup.com TGA Global Law Firm LL.P (Al In paru. 4 and 5 of Form No. I, and relief claimed). No. 16 AGAINST A BUILDD FOR DEFECl'IVE WORKMANSHIP A.B., the above-named plaintiff, states as follows: ' (I) On the ...... day of ...... 19 ...... , the plaintiff and defendant entered into an agre- anent, and the original document is hereto annexed. (2) The plaintiff duly performed all the conditions of the agreement on his part. (3) The defendant (built the house referred to in the aiμ-eement in a bad and unwork- manlike manner). As in paras. 4 and 5 of Form No. I, and relief claimed). No. 17. ON A BOND FOR 11IE nDELITY OF A CLERK A.B .. the above-named plaintiff. states as follows: (I) On the ...... day of ...... 19 ...... , the plaintiff took E.F. into his employment au clerk. (2) In con,;ideration then-of. on the dav of ...... 19 ....... the defendant agreed with the plaintiff that if E.F. should not faithfully perform his duties as a clerk to the plaintiff. or should fail to account to the plaintiff for all monies. evidences of debt or other property received by him for the use of the plaintiff. the defendant would pay to the plaintiff whatever loss he might sustain by reason thereof. not «:,ltceeding E. . ...... (Or, 2. In consideration thereof, the defendant by his bond of the same: ualc: bound himself to pay the plaintiff the penalty. of E. . ....... subject to the condition that if E.F. should faithfully perform bis duties as clerk and cashier to the plaintiff and should iustlv account to the plaintiff for all monies. evidences of debt or other pro- perty which should be at any time held by him in trust for the plaintiff. the bond should be void). (Or , 2. In consideration thereof, on the same date the defendant executed a bond in favour of the plaintiff, and the original document is hereto annexed.) (3) Between the ...... day of ...... 19 ...... and the ...... day of ...... 19 ...... , E.F. received money -and other property, amounting to the value of E. . ..... , for the use .or the rlaintiff. for which sum he bas not accounted to him, and the same still remains due and unpaid,. \Alim para~. -I aaul S of Form No. I, and relief claimed). No. 18. BY TENANT AGAINST LANDWRD, WITH SPECIAL DAMAGE A.B .. the above-named plaintiff. states as follows: (I} On the ....... day of ....... 19 ....... , the defendant, by a registered instrument, let to the plaintiff (the house No ....... , ...... street) for the term of ...... years, contracting with thl' i,laintifr. that he. the plaintiff. and his lepl representatives should quietly enjoy possession thereof for the said term. tlJ All conditions were fulfilled and all things happened necessary to entitle the plain- tiff to maintain this suit. (3) On the .•.•.. day of ...... 19 ...... , during the said term, E.F., who was the lawful owner nf thr .,..;,t hnn«<'. lawfullv evicted the plaintiff therefrom and still withholds the pos, ICllion thereof from him. www.tgalawgroup.com TGA Global Law Firm LL.P 10 (4) The plaintiff was thereby (prevented from continuing the business of a tailor at the said place, was compelled to expend E,: ....... in moving, and lost the custom (As in G.H. and l.J. by such removal).-· (As in paras. 4 and S of Form No. I, and relief claimed). No. 19. ON AN AGREEMENT OF INDEMNITY A.B., the above-named plaintiff, states as follows: (I) On the . .' .... day of ...... 19 ...... , the plaintiff and defendant, being panners in trade under the style of A.B. and C.D., dissolved the.partnership, and mutually agreed that the defendant should take and keep all the partnership propeny, pay all debts of the !';,-111 :ind inckrnnif, rhc plaintiff a~ainst all claims that might be made upon him on account of any indebtedness of the firm. (2) The plaintiff duly perform.:J all th~ rnn<.l1t1uns of the agreement on his pan. (3) On the ....... day of ....... 19 ....... , (a judgment was cecoverded against lhe plaintiff and defendant by E.F., in the High Court of upon a debt due from the firm to E.F. and on the ........ day of ....... JS ....... ,) the plaintiff paid E. . ...... 0 (in satisfaction of the same). (4) The defendant has not paid the ,am.: to th~ plJlllllll. (As in paras. 4 and S of Form No. I, and relief claimed). No. 20. PROCURING PROPERTY BY FRAUD A.B., the above-named plaintiff, states as follows: (J) On the ...... dav of ...... 19 ....... the defendant. for the purpose of inducin!! the plain- tiff to sell him cenain goods. represented to the plaintiff that (he, the defendant, was solvent, and worth E. .. .... over all his liabilities). . (2) The plaintiff was thereby induced to sell (and deliver) to the defendant (dry goods) of the value of E. (3) The said representations were false (or state the panicular falsehoods) and were then known by the defendant to be so. (4) The defendant has not paid for the goods. (Or, if the goods were not delivered.) The plaintiff, in preparing and shipping the goods and procuring their restoration, expended E. (As in paras. 4 and 5 of Form No. I, and relief claimed). No. 21. FRAUDULENTLY PROCURING CREDIT TO BE GIVEN TO ANOTHER PERSON A.B., the above-named plaintiff, states as follows: (I) On the ...... day of ...... 19 ...... , the defendant represented to the plaintiff that l:..t. was solvent and in good credit, and wonh E. . ..... over all his liabilities (or that E.F. then held a responsible situation and was in good circumstances, and might safely be trusted with goods on credit). (2) The plaintiff was thereby induced to sell to E.F. (wheat nour) of the -~alue of E . ...... (on ...... months credit). (3) The said representatic ns were false and were then known by the defe·,1dant to ~ so. , www.tgalawgroup.com TGA Global Law Firm LL.P II and were made by him with intent to deceive and defraud the plaintiff ( or to deaeiw and injure the plaintiff). (,.) E.F. (did not pay for the said goods at the expiration of the credit aforaaicl. Git bas not paid for the said wheat nour, and the plaintiff has wholly loat the --. (As in paras. 4 and S of Form No. I, and relief claimed). No. 22. POLLUTING THE WATER UNDER THE PLAINTlff'S LAND A.B., the above-named plaintiff, states as follows: (I) The plaintiff is, and at all the times hereinafter mentioned was, poueued of~ land called ...... and situate in ...... and of a well therein, and of water in the well. ad was entitled to the use and benefit of the well and of the water therein, and to ... certain springs and streams of water which nowed and r.m into the well to...., the same to now or run without being fouled or polluted. · (2) On the ...... day of ...... 19 ...... , the defendant wrongfully fouled and polluted the well and the water therein and the springs and streams of water which flowed into the well. (3) In consequence the water in the well became impure and unfit for domestic and other necessary purposes, and the plaintiff and his family are deprived of the; use and benefit and of the well and water. (As in paras. 4 and S of Form No. l, and relief claimed). No. 23. CARRYING ON A NOXIOUS MANUFACTURE A.B., the above-named plaintiff, states as follows: (I) The plaintiff is, and at all the times hereinafter mentioned was, poueued of certain lands called ....... , situate in ....... . (2) Ever since the ...... day of ...... 19 ....... the defendant has wrongfully c'a°'used to iuue from certain smelting works carried on by the defendant large quantities of offemiw -and unwholesome smoke and other vapoun and noxious matter, which aprad the1D1elves over and upon the said lands, and corrupled the air, and settled on the surface of the lands. (3) Thereby the trees, hedges, herbage and crops of the plaintiff growiq on the landl were damaged and deteriorated in value, and the cattle and live-stock of the plain- tiff on the lands became unhealthy, and many of them were poilOned and died. (~ Tbe plaintiff wu unable to grue the lands witb c:aUlc and sheep u be odlenrile might have done, and wu obqed to remow ii cattJe, lbeep and faraan,«OCt therefrom, and bas been prevented from havina ao beneficial and bealtby a ue and occupation or the lands u he otherwise would haw bad. (As 1n puu. 4and S of Form No 1, and relief claimed.) Ne J4. OBSTRUCI'ING A lllGHI' or WAY A.B., the above-named plaintiff, states u follows: (I) The plaintiff is, and at the time hereinafter mentioned wu, pommd of (a hoUle ii vilage of ........ ). (2) He was entitled to a right of way from the (bo111e ) owr a certain faelcl to a public bipway and beet apin from the bipway over the field to tbe boua, for ....., www.tgalawgroup.com TGA Global Law Firm LL.P 12 .ind his servants (with vehicles. or on fool) at all times of the vear. (3) On the ........ day of ....... 19 ......... defendant wrongfully obstructed the said way. 10 that the plaintiff t:ould not pass (with vehicles. or on foot. or in any manner, ,along the wav (and ha• ever since wronafully obstructed the same). (4) State special damage, (if any). (As in paras. 4 and 5 of Form 1'io. I. and relief claimed.) No. 25. OBSTRUCTING A ~IGHWA¥ A.B .. the above-named plaintiff. states as follows: (I) The defendant wrongfully dug a trench and heaped up earth and stones in the public highway leading from ...... to ...... so as to obstruct it. Thereby the plaintiff. while lawfully passing along the said highway. fell ovor the said earth and stones (or into the said trench) and broke his arm. and suffered 1reat pain, and was prevented from attending to his business for ........ days. and incurred expense amounting to E. .. ...... ,,,, Ill p.ir.1> ~ ,IIILI ~ "' I ..... , ·'"· I. alll.l ll.!111.!l ..-1a1111..:J.J No. 26. DIVERTING A WATER-COURSE A.B .. the above-named plaintiff. states as follows: (I) The plaintiff is. and at the time hereinafter mentioned was. possessed nf a mill si- tuated on a (stream) know as the_ ........ in the villaF of ...... .. 1l1 li) r.:a,011 ol ,ud1 possc:s,1on the plaintiff was entitled to the llow of the stream ror working the mill. (3) On the ...... day of ...... 19 ....... the defendant, by cuttin1 the bank or the stream. wron!!fullv diverted the water thereor. so that less water ran into the plaintiff's mill. (4) By reason thereof the plaintiff has been unable 10 grind more than sacks per clay. whereas. before the said diversion of water he was able to grind ...... sackl per clay. ( As in paras. 4 and 5 of Form No. I. and relief claimed.) No. 27. OBSTRUCTING A RIGHT TO USE WATER FOR IRRIGATION A.B .. the above-named plaintiff. states as follows: (II Plaintiff is. and was at the time hereinafter mentioned. possessed or certain lands situare. etc .. and entitled to take and use a portion of the w11ter or a certain 1tream for irrigating the said lands. (2) On the ...... day of ...... 19 ....... the defendant prevented the plaintiff rrom takina and using the said portion of the said water as aforesaid, by wrongf'ully obltrucdn1 and diverting lhe said stream. JAs in paras. 4 and 5 of Form No. I. and relief claimed.) www.tgalawgroup.com TGA Global Law Firm LL.P No. 28. INJURIES CAUSED BY NEGLIGENCE ON A RAILROAD A.B., the above-named plaintiff, states as follows: 13 (I) On the ...... day of ...... 19 ...... , the defendants were carriers ofpas~ngers by railway between ...... and ...... . (2) On that day the plaintiff was a passenger in one of the carriages of the defendants on the said railway. (3) While he was such passenger, at ...... (or near the station of or between the stations of ...... and ...... ), a collision occurred on the said railway caused by the negligence and unskilfulness of the defendants' servants, whereby the plaintiff was much injured (having his leg broken, his head cut, etc., and state the special damage. if any, as), and incurred expense amounting to E. . ..... for medical attendance and is perman- ently disabled from carrying on his former business as (a salesman). (Or thus: 3. On that day the defendants by their servants so negtigently and unskil- fully drove and managed an engine and a train of carriages attached thereto upon and along the defendants' railway which the plaintiff was then lawfully crossing, that the said engine and train were driven and struck against the plaintiff, whereby, etc., as in para. 3.) (As in paras. 4 and S of Form No. I, and relief claimed.) No. 29. INJURIES CAUSED BY NEGLIGENT DRIVING A.B., the above-named plaintiff, states as follows: (I) The plaintiff is a shoemaker , carrying on business at ...... . The defendant is a merchant of ..... . (2) On the ....... day of ...... 19 ...... , the plaintiff was walki~g southward along the rai- lway station. in the City of Addis Ababa, at about 3 o'clock in the afternoon. He wu obliged to cross X Street; which is a street, running into railway station at right angles. While he was crossing this street, and just before he could reach the foot-pavement on the further side thereof, the automobile of the defendant, driven by Z the defendant's servant, was negligently, suddenly and without any warning turned at a rapid and dangerous pace out of X street into railway station ...... . The mudguard of the automobile struck the plaintiff and knocked him down. (3) By the blow and fall the plaintiffs left arm was broken and he was bruised a11d injured on the side and back, as well as internally, and in consequence thereof the plaintiff was for four months ill and in suffering, and unable to attend to his busi~ess, and incurred medical and other expenses amounting to E. and sustained great loss of business and profits to the extent of E. (As in paras. 4 and S of Form No. I, and reliefclaimel.) Ne. 30. OR MALIOOllS PROSECUl'ION A.B., tbc above - named plaintiff', states as follows: (1) On the ...•.• day of ...... 19 ...... , the defendant accused the plaintiff of theft and on a clw,e ol tlacf\ and impriaoncd for ten days (and gave bail in the sum of E. to obtain bis rcleue). www.tgalawgroup.com TGA Global Law Firm LL.P 14 (2) In so doing the defendant acted maliciously and without reasonable and probable cause. (3) On the ....... day of ....... 19 ........ , the court of ........ acquitted the plaintiff. (4) In consequence of the said arrest, the plaintiff lost his situation as clerk to E.f. (As in paras. 4. and 5 of form No. I, and relief claimed.) No. 31. MOVABL~ WRONGFULl,Y DETAINED A.B., the above-named plaintiff, states as follows: (1) On the ...... day of ...... 19 ....... plaintiff owned (or state facts showing a right m the possession) the goods mentioned in the schedule hereto annexed (or describe the goods), the estimated value of which is E. ....... b (2) from that day until the institution of this suit the defendant has detained the same from the plaintiff. (3) Before the institution of the suit. to wit, on the ...... day of ...... 19 ......• the plaintiff demanded the same from the defendant, but he refused to deliver them. (As in paras. 4 and 5 of Form No I.) (6) The plaintiff claims - (1) delivery of the said goods, or E. . ..... , in case delivery cannot be had; (2) E. . ..... compensation for the detention thereof. No. 32. AGAINST A FRAUDULENT PURCHASER AND HIS TRANSFEREE wnH NOTICE A.B., the above-named plaintiff. states as follows: (1) On the ...... day of ....... 19 ....... the defendant C.D., for the purpose of inducing tl-e plaintiff to sell him certain goods. represented to the plaintiff that (he was solvent, and worth E. , ...... over all his liabilities. (2) The plaintiff was hereby induced to sell and deliver to C.D. (one hundred bags d coffee), the estimated value of which is E. . ....... . l:ll The said representations were false, and were thefl known by C.D. to be so (or at the time of making the said representations, C.D. was insolvent, and knew hlmlelf to be so). (4) C.D. afterwards transferred the said goods to the defendant E.f. without considera- tion (or who had notice of the falsity of the representation). (As in paras. 4 and 5 of Form No. I) (7) The plaintiff claims- (1) delivery of the said goods, or E. . ..... , in case delivery cannot be had; (2) E. . ..... compensation for the detention thereof. Nn. :n. WARRANTY OF AREA A.B., the above-named plaintiff, states as follows: (I) On the ...... day of ...... 19 ....... the defendant sold to the plaintiff a certain piece of groond belonging to the defendant, situated at ....... declared to contain (JD gashas). · (2) 1 he plamtill was thereby induced to purchase the same at the price of E. . ....• in the belief that the said declaration was true, and signed an agreement of wbicb the . www.tgalawgroup.com TGA Global Law Firm LL.P 15 oriplal is hereto annexed. But the land bas not been transferred to him. (3) On the •..... day of ..... 19 ...... _,the plaintiff paid the defendant E. .. .... u put ·of the purchase-money. (4) lbat the said piece of ground contained in fact only ( 17 psbu). (As in paras. 4 and S of Form No. I) (7) The plaintiff claims - (I) E. .. .... , with interest from the ...... day of...... 19 ., .... , (2) that the said agreement be delivered up and cancelled. No. 34. AN INJUNCTION RESTRAINING WASTE A.B .. the ahove-namtd y,laintifT. ~tate!I as follows (I) 1be plaintiff is the owner of (dacirbe !he property). (2) The defendant is in possession of the san.e under a lease from the plaintiff. (3) The defendant has (cut down a number of valuable trees, and threatens to cut down many more for the purpose of sale ) without the consent of the plaintiff. (As in paras. 4 and 5 of Form No. I). (6) 1be plaintiff claims that the defendant be restrained by injunction from commi,tq or permitting any further wute on the said premises. (Pecuniary compensation may also be claimed) No. 35. INJUNCl10N RISTRAINING NUISANCE A.B., the above-named plaintiff, stata u follows: (I) Plaintiff is, and at all the times hereinafter mentioned wu, the owncr of (the 11oaN No ....... , ...... Street, (2) lbe defendant is, and at all the said times wu. the owner of (a plot of pound in the same street). (3) On the ...... day of ...... 19 ... the defendant enaed llpoll hil uid plat a........_. house, and still maintains the same; and from that day until the praent dme hu con• tinually cauaed cattle to be brought and tilled there (and cauaedthe the blood and offal to be thrown into the street opposite the said house of the plaintiff. (4) In consequence the plaintiff bu been c:ompelled to a"-ndon the said house, and bu been unable to rent the same. (As in paru. 4 and 5 of Form No. I) (7) The plaintiff claims that the defendant be restrained by injunction from committina or permitting any further nuisance. No. 36. PUBLIC NUISANCE A.B., the above-named plaintiff, states u follows: (I) 1be defendant bas wrongly heaped up earth and stonea on a public road lalown u ......... Su.t at ........ so u to obatnact the .,._. ot the public aloq the -- ad Lhrei11cn11 IUld intends, unlcsa restrained from w IWilll, to continue and repeat Ila said wronaful act. (2) (As in paras. 4 and S of Form No. I). www.tgalawgroup.com TGA Global Law Firm LL.P 16 (4) The plaintiff claims - (I) a declaration that the defendant is not entitled to obstruct the pa-.,: oCthe public_ along the said public road; {2J an IDJUn.:Uon restraining the defendant from obltructing the pusa,e o( the public along the said public road and directing the defendant to remow the earth and stones wrongfully heaped up as aforesaid. No. 37. INJUNCTION AGAINST THE DIVERSION Ot' A WATDf the claims hereinafter mentioned G.H. deposited with the plain- tiff ( describe the property) for (safe-keeping). (2) The defendant C.D. claims the same (under an alleged assignment thereof to him from G.H.). (3) The defendant E.F. also claims the same (under an order of U.H. uan:;11:rmi 1h.: same to him). \41 I he: plamuff is ignorant of the respective rights of the defendants. (5) He has no claim upon the said property other than for charges and costs, and is ready and willing to deliver it to such persons as the coun shall direct. (6) The suit is not brought by collusion with either of the defendants. www.tgalawgroup.com TGA Global Law Firm LL.P (Al in paru. 4 and 5 or Form No. 1 ). (9) The plaintill' claims • 17 (I) that the def'endallts be restrained, by injunction, rrom takina any proc:eedinp apinsl tbc plaintill' in relation It- :reto; (Z) that they hr required II' ,terplead topther conccmin!! their c:laiml to the said pro- perty: tJJ lllill wmc penon be authorbio.:\11u r..-..'\:1\.: lh.: •• uJ prup.:ny 'pending such litiption; (4) that upon delivering tbe same to such (person) the plaintill' be dilcharpd from aJI liability to either or the dcf'endants in relation thereto. No. & Al)MINIS'nAffON BY CUDITOR ON IIDIAIJi' OF HIMSEU' AND AIL anma cn:orroas A.B., the above-named plaintill', states as follows: (I) E.F., late or ...... , was at the time of his death, and his estate still is, indebted to the plaintill' in the IWft of E. . ...... . (here imcrt nature of debt and ICICUrity, if any). (Z) E.F. died on or about the ...... day or ...... 19 ....... By his last will, dated the ....• day ol ........ 19 ....... , be appointed C.D. his executor (or deviled his estate in trust, etc. or dild intestate, as the cue may be). (J) The will was probated by tbe court of ...... on the ...... day of ...... 19 ...... , (4) TIie def'endallt bas rc,ucsscd himlclf or tbe movable (and immovable, or the proco- eds or the immovable) property or E.F., and has not paid the plaintiff his debt. (Al in puu. 4 and S of Form No. I). (7) TIie plaintill' c:laiml that an account may be taken of the movable (and immovablct property or E.F., deceued, and that the same may be administered under the decree or t11c court. Ne. 41, ADMINISTRATION BY SPECIFIC LEGATEE (ALTDl FOltM No. 4D THUS)- (Omit parqrapb I and c:ommenc:ie paragraph 2) E.F., late of ............ , died on or about the ••.••• day or ...... 19 •...•.. By his last will, dated the day of ...... 19 ...•.. be appointed C.D. his executor and bequeathed to the plaintiff (here state tbe specific lepcy). For parqraph 4 substitute - TIie def'endallt is in poacssion of the movable property of E.F ., and, amongst other thinp, or the said (here name the 111.-l or the specific bequest). For the com~Gt of paragraph 7 111bstitute- Tbe plaintiff c:laiml that the defendant may be ordered to deliver to him the said (here name the 111bject or the specific bequest), or that, etc. No. G ADMINBl'RA.ffON BY Pl:CUNilY LEGATEE (ALTDl fOIM No. 41 THUS)- (Omit puq,apb I and 111bltitute ror paraarapb Z) E.F ., late of ........ died on or about the .... ~. day or ...... 19 ••.••• By his last will, dated the .••... day of ...... 19 ...... , www.tgalawgroup.com TGA Global Law Firm LL.P 18 he appointed C.D. his executor , and bequeathed to the plaintiff a legacy of E. In paragraph 4 substitute " legacy" for "debt" No. 43. SPECIFIC PERFORMANCE (No. I) A.B., the above-named plaintiff, states as follows: (I) By an agreement dated the ..... day of ...... 19 ...... and signed by the defendant, he contracted to bu of (or sell to) the plaintiff certain immovable property therein descri- bed and referred to, for the sum of E. . ........... . (2) The plaintilT has applied to the delendant specifically to perform the agreement on his part, but the defendant has not done so. (3),_The plaintilT has been and still is ready and willing specifically to perform the agre- emment on his part of which the defendant has had notice. (Xs in paras. 4 and 5 of Form No. I) (6) The plaintilT claims that the court will order the defendant specifically to perform the agreement and to do all acts necessary to put plaintiff in full possession.of the said property ( or to accept a transfer and possession of the said property) and to pay the costs of the suit. No. 44. SPECIFIC PERFORMANCE (No.2) A.B., the above-named plaintilT. states as follows: (l) On the ...... day of ...... 19 ...... , the plaintiff and defendant entered into an agn> ement, in writing, and the original document is hereto annexed. The defendant was entitled.to the immovable property described in the agrcemenL (J) On the ...... day of ...... 19 ...... , the plaintilT tendered E. . ..... to the defendant and demanded a transfer of the said property by a sufficient instrument (3) On the ...... day of ...... 19 ...... , the plaintilT again demanded such transfer. (Or the defendant refused to transfer the same to the plaintifl). (4) The defendant has not executed any. instrument of transfer. (5) The plaintilT is still ready and willing to pay the purchase-money of the sa,id property to the defendant. (As n paras. 4 and 5 of Form No. I). . ,(8) The plaintiff claims - · (1) that the defendant transfers the said property to the plaintiff by a sufficient instru- ment (following the terms of the agreement) (2) E. . .... ~ compensation for withholding the same. No. 45. PARTNERSHIP A.B., the above-named plaintiff, states as follows: (I) He and C.D., the defendant, have been for years (or months) past carrying on bu- siness together under a partnership agreement in writing (or under a deed, or under a verbal agreement). (2) Several disputes and differences have arisen between the plaintiff and defendant as such partners whereby it has become impossible to carry on the business in partner- ship with advantage to the partners (Or the defendant has committed the following breaches of the partnership agreement- www.tgalawgroup.com TGA Global Law Firm LL.P (I) (2) (}) (As in paras. 4 and S of Form No. I). It (5) The plaintiff' claims- (1) dissolution of the partnenhip; (2) that accounts be taken: (31 that ii rcc.:i,.:r he ilflpoint.:J. (N.B. - In suits for the winding-up of any pannership, omit tbC' claim for diaofutioa; and instead insen a paragraph staling .lb&: lacb ol th,: partnenbip baWII bem dissolved) .. Denial. Protest. D -STATEMEN'IS OF DEFENCE GENERAL DEFENCES The defendant denies that (set out facts) The defendant does not admit that (set out facts) The defendant admits that ................ but aya that The defendant denies that he ii a partner in the defendant firm of The defendant denies that be made the contract allepl or uy contract with the plaintiff. The defendant denies that he contracted with the plaintiff' u allepl or at all. The defendant admits aaets but not the plaintiff's claim. Limitation. Juri~iction. Bankruptcy. Minority. Payment into court. Performance remitted. The defendant denies that the plaintiff' 101d to him tlk: ,~ IDCD• tioned in the plaint or any of them. The suit is barred by Art ....... of the Civil Code 1960. The court bu no juritdiction to bear the suit on the a,OUDd that (set forth the grounds) 0n the ...... day of ...... 19 ...... , a diamond Ml WU deliwn,d by the defendant to and accepted by the plaintiff' in dilcbarp of 1111 alle,ed cause of action. The defendant has been adjud,ed bankrupt. The plaintiff' before the institution of the suit was adjudaed ban- krupt and the ript to sue vested in the trustee. The defendant wu a minor at the time u matiDa the aJleld contract. The defendant as to the whole claim (or u to E. . ..... put oftbe money claimed,.or as the cue may be). bu paid illlo Coart I!. ..... and says that this sum ii enoup to aatilf'y the plainlifr1 daim(cr the part aforaaid). the performance oftbe promiae allepd wu remittlld OD tbe ( ... ) www.tgalawgroup.com TGA Global Law Firm LL.P 20 Rescission. The contract was rescinded by agreement between the plaintiff and defendant. It.es judicata. The plaintiffs claim is. barred by the decree in suit (give the refe- rence ). Ground of defence Since the institution of the suit, that is to say, on the ........... day of subsequent to institution of ........... 19 ........ (set out facts). of suit. No. I. DEFENCE IN S!llTS FOR GOODS SOLD AND DELIVERED (I) The defndant did not order the goods. (2) The goods were not delivered to the defendant. (3) The price was not E. 4. ) 4. (.5.) (or) Except as to E ............ , same a, ( I. 'I. 6. ) (]. (2. (7) The defendant (or A.B. the defendant's agent) satisfied the claim by payment before suit to the: plainull tor to l..U., the plaintifrs llgt:lll) on the: ...... day of ...... 19 ...... . (8) The defendant _satisfied the claim by payment after suit to the plaintiff on the day of ...... 19 ...... . No. 2. DEFENCE IN SUITS ON BONDS (I) The bond is not the defendant's bond. (2) The defendant made payment to the plaintiff on the day according to the condition of the bond. (3) The defendant made payment to the plaintiff after. the day named and before suit of the principal and interest mentioned in the bond. No. 3. DEFENCE IN SUITS ON GUARANTEES (I) The principal satisfied the claim by payment before suit. (2) The defendant was released by the plaintiff givina time to the principal debtor in pursuance of a binding agreement. No .... DEl-"l~:NCE IN AN\" SlilT 1-·oR DEBT (I) As to E 800 of. the money claimed, the defendant is entitled to set off for goods sold and delivered by the defendant to the plaintiff. Particulars are as foUows: January 25, 1960 February 13, 1960 E. 500 E. 300 E. 800 (2) As to the whole (or as to E. . ..... , part of the money claimed) the defendant made tender before suit of E. . ..... and has paid the same into court. www.tgalawgroup.com TGA Global Law Firm LL.P 21 No. 5. DEFENCE IN suns FOR INJURHS CAUSD> BY NEGLIGENT DRIVING (I) The defendant denies that the automobile mention.:J in the Statement of claim was the defendant's carriage, and that it was driven by the defendant's servant. The auto- mobile belonged to of ................... , and the person driving the said automobile was the servant of the said ................. .. (2) The defendant does not admit that the said automob1l.: "a• 1u1111.:J out ol X Street either nea)igently, suddenly or without warning,. or at a rapid or dangerous pace. (3) The defendant says the plaintiff might and could by the exercise of r~asonable ca£ and diligence, have seen the said automobile approaching him and avoided any co- lision with it. (4) The defendant does not admit the statements contained in the third paragraph of the plaint. No. 6 DEFENCE IN ALL SUITS FOR WRONGS (1) Denial of the several acts (or matters) complained of. No. 7. DEFENCE IN SUITS FOR DETENTION OF GOODS (I) The goods were not the property of the plaintiff (2) The goods were detained for a lien to which the defendant. was entitled. Particulars are as foUows: 1965, May 3rd. To carriage of the goods claimed from Addis Abeba to Dire Dawa 60 kilos at E. S per kilo E. 300. !'lo. 8. DEFENCE IN SUITS FOR INFRINGEMENT OF COPYRIGtrr (I) The plaintiff is not the author (assignee. etc.) tl) The book was not registered. (3) The defendant did not infringe. No. 9. DEFENCE IN SUITS FOR INFRINGEMENT OF TRADE MARK (I) The trade mark is not the plaintiff's (2) The alleged trade marlc is not a trade marlc and was not registered (or no cautionary notice was issued). (3) The defendant did not infringe. No 10. DEFENCE IN SUITS RELATING TO SERVITUDIS AND NUISANCIS (I) There exists no servitude not to build in favour of the plaintiff (or deny his other alleged prescriptive rights). (2) The plaintiff's lights will not be materially interfered with by the defendant's buil· dings. (3) The defendant denies that he or his servants pollute the water (or do what is comp- lained oO. www.tgalawgroup.com TGA Global Law Firm LL.P 22 (If the defendant claims the right by prescription or otherwise to do what is. comp lained of, he must say so, and must state the grounds of the claim, i.e., whether by prescription. grant or what). (4) The plaintiff has been guilty of delays amounting to bad faith, in that: I 9SO. Plaintiff's mill began to work 19S2. Plaintiff came into pos!!ession 1960. First complaint. (5) As to the plaintiff's claim for damages the defendant will reply on the above grounds of defence, and says that the acts complained of-have not produced any damage kl the plaintiff. (If other grounds are relied on, they must be stated, e.g., limitation as to past damage.) Ne. II. DEFENCE TO surr FOR SPECIFIC PERFORMANCE (I) The defendant did not enter into the alleged agreement. (l) A. B. was not the agent of the defendant (if alleged by plaintiff). (3) The plaintiff bas not performed the following conditions : (CONDfflONSj (4) The defendant did not (deny allepd acts of pan performance). (5) The plaintiff's title to the property agreed to be sold is not such as the defendant is bound to accept by reason of the following matter (state why). {6) The agreement is uncertain in the following respects (state them). (7) _{Qr) The plaintiff has been guilty of delay. (8) (or) The plaintiff bas been guilty of,Craud (or misrepresentation). (9) (or) The agreement is unconscionable. (10) (or) The agreement was entered into by mistake. (II) The following are particulars of (7), (8), (9), (10), (or as the case may be). (12) The agreement was rescinded on No. 12. DEFENCE IN ADMINISTRATION surr BY PECUNIARY LEGATEE (I) A.B.'s will contained a cdarge of debts; he died insolvent; he was entitled at his death to some immovable property which the defendant sold and which produced the net sum of E. . ..... , and the testato: had some movable property which the defendant aot in, and which produced the net sum of E. (l) The defendant applied the whole of the said sums and the sum of E. which the defendant m:eived from rents of the immovable property in the pay- ment of the funeral and testamentary expenses and some of the debts of the testator. (l) The defendant made up his accounts and sent a copy thereof to the plaintiff on the ....... day of ....... 19 ........ , and offered the plaintiff free access to the vouchers to verify such accounts, but be declined to avail himadf of the defendant's offer. (4) The defendant submits that the plaintiff ought to pay the costs of this suit. www.tgalawgroup.com TGA Global Law Firm LL.P 23 No. 13. PARTICULARS The following are the particulan of (here state the matten in respect ...•...............•.. of which particulars have been ordered) delivered ........ punuant to the order ol the ....... of ....... particulars. (Here set out the particulan ordered in paragraphs if necessary). E - VERDlCATION OF PLEADINGS (AllT. 9lj I, ............ , hereby declare that the facts stated in this claim (defence) arc true to the best of my knowledge and belief. Date (signature and description of person verifying pleadinp). F -ANNEXl'S (AllT. 22Jj IN THE ........ COURT OF A. B. ........ VS ......... C. D. Declaration of plaintiff (defendant) as to documents on which he propoNI to nly in support of his aim (defence). I hereby declare that in the case abovementioncd I will introduce the followiaa documents in support of my claim (defence) : (or, as the case may be) I will introduce no documrnt A. DOCUMENTS IN MY P()SSl'SSION OK POWEil (I) Letter dated ........ and signed by the defendant (plaintiff) (2) An agreement dated .. : ..... signed by die plaintiff and the defendant. (3) Copy of a letter dated ........ signed by me and ad4ressed to the defendant (plaintiff) B. DOCUMENTS IN nu: POS.V.Sm<>N OR POWEii f'F Tl!g DEIIENDANT (PLAINTIFF OR OTHD PEIISON AS n·. C:A~t: MAY U) (I) The original of the letter mentioned in A (3) (2) A statement of accounts made by M. N ....••••. , auditors (3) An order given by the Minil&ry of Interior which ii in the rec:ordl ol IUCla Miaillry. (4) A will dated ....... which I know (or I believe) is in the PDF I r"oa or paws al de- fendant (or other penon) I hereby declare that in the c:ue abovementioaed I will caD the followiaa 7itr•"ii1M- in support of my claim (defence) (or, u the c:ue may be) I will caD no witDIIL www.tgalawgroup.com TGA Global Law Firm LL.P 24 Name and address ot witness Purpose for which witness is called I hereby certify this list to be complete. Date ..................................................................... (signature) SECOND SCHEDULL PROCFSi All the forms in this and the next Schedules must specify the name of the court, the number of the suit. the names of the parties and. where appropriate, the date of judgment. -Where a court consists of three judges who are required by law to act togetber. the word "judge" appearing in the said forms shall be amended to read "judges". -Where the said forms contain particulars which are inapplicable in any given cue, such particulars shall be struck out. No. 1. NOTICE TO PERSON TO BE ADDED AS CO-PLAINTIFF f Art. 40 (2J ) To ........ (Name. description and residence). WHEREAS ........ has instituted the above suit against ........ for ....... and whereas it appears necessary that you should be added as a plaintiff in the said sujt in order to enable the court effectually and completely to adjudicate upon and settle all the questions involved Take notice that you should on or before the ....... day of ....... 19 ....... , sipify to this court whether you consent to be so added. Given under my hand and the seal of the court, this ....... day of ....... 19 ......... , Judge No. 2. NOTICE TO PART\C JOINED AS RESPONDENT ( ART. 40 (lj j. To ........ (Name. description and residence)~ WHEREAS you were a party in Suit No ......... of 19 .........• in the court of ................. . and whereas the ........ has preferred an appeal to this court from the decree passed against him in the said suit and it appears to this court that you are interested in the result of the said appeal : This is to give you notice that this court has directed you to be made a respondent in the said appeal and has adjourned the hearing thereof till the ........ day of ...•.... 19 ........• at ......... If no appearance is made on your behalf on the said day and at the said hour the appeal will be heard and decided in your absence. Given under my hand and the seal of the court, this ....... day of ........ 19 ....... . Judge www.tgalawgroup.com TGA Global Law Firm LL.P 25 No. 3. SUMMONS TO LEGAL REPRESENTATIVE OF DECEASED DEFENDANT ( ART. !O) To ........ (Name, description and residence) WHEREAS the plaintiff ....... instituted a suit in this court on the ........ day of ....... . 19 ........ , against the defendant ........ who has since deceased, and whereas the said plaintiff has made an application to this court alleging that you are the legal represen- tative of the said ........ , deceased, and desiring that you be made the defendant in his stead; You are hereby summoned to attend in this court on the ....... day _of ....... 19 ...... , at ....... a.m ........ to defend the said suit and, in default of your appearance on the day specified, the said suit will be heard and determined in your absence. Given under my hand and the seal of the court, this ....... day of ....... 19 ............. . No. 4. NOTICE TO DEFENDANT ( ART. 70 ) To ....... (Name, description and residence) WHEREAS this day was fixed for the hearing of the above suit and a summons was issued to you and the plaintiff has appeared in this court and you did not so appear, but from the return of the serving officer it has been proved to the satisfaction of the court that the said summons was served on you but not in sufficient time to enable you to appear on the day fixed in the said summons; Notice is hereby given to you that the hearing of the suit is adjourned this day and that the ....... day of ....... 19 ....... is now fixed for the hearing of the same; in default of your appearance on the day last mentioned, the suit will be beard and determined in your absence. Given under my hand and the seal of the court, this ........ day of ....... 19 .......... . No. 5. SUMMONS FOR APPEARANCE OF DEFENDANT ( ART. 9' j To ....... (Name, description and residence) WHEREAS ........ has instituted a suit against you for ......... you are hereby summoned to appear in this court in penon or by a pleader duly instructed and able to amwer all material questions relating to the suit, or who shall be accompanied by some ~rson able to answer all such questions, on the ......... day of ........ 19 ...... . You must be prepared to produce on that day : (a) your statement of defence; (b) a list of all the witnesses you intend to call, statina their address and the purpose for which you intend to call them; (c) a list of all the documents on_ which you intend to rely. Tate notice, that, in default of your appearance on the day before mentioned or of your producing your statement of defence or any evidence, the suit will be beard and determined notwitbstandina your default. www.tgalawgroup.com TGA Global Law Firm LL.P 26 Given under my hand and the seal of the court, this ........ day of ........ 19 ....... . Judge No. 6. ORDER SERVICE OF SUMMONS ON PRISONER OR MEMBER OF ARMED FORCES ( ART. 96 (lj j To ........ the Superintendent of Prison at (Name and description), Commanding Officer at Under the provisions of Art. 96 of the Civil Procedure Code, 1965, a summons in duplicate is herewith forwarded for service on the defendant ........ who is ...... . a prisoner in prison (or serving under you). You arc requested to cause a copy of the said summons to be served upon chc said ......... and to return the original to this court signed by the said ........... with a statement of service endorsed thereon by you. Judge. No. 7. AFFIDAVIT OF SERVING OFFICER ON RETURN OF SUMMONS ( ART. 104 j The affidavit of ........... .. son of I .............. make oath and or affirm and say as follows :- (1) I am a serving officer of this court. (2) On the ......... day of ........ 19 ........ I received a summons issued by the court of ........ in Suit No ......... of 19 ........ in the said court. 1btc.-rl the.-rlay of. 19 ........ for service on .......... . (3) The said , ............ was at the time personally known to me, and I served the said ,umm.,n,'on him ... . on the . rl:1v of 11> ~, ahout ........ o'clock in the ...... noon at ...... by tendering a copy thereof to him or her and requiring his or her signature to the original summons her her (a) ..................................................................................................................... . (b) ..................................................................................................................... . (a) Herc state whether the person served signed or refused to sign the process, ' and in whose presence. (b) Signature or serving officer. Or (3) The said .......... not being personally known to me ........ accompanied m•. to ......... . and pointed out to me a person whom. he stated to.,be the said ........ and l served the said summons on him her on the ....... day of ..... 19 ...... , at about ........... o'clock in the ........ noon ........ at ......................... . www.tgalawgroup.com TGA Global Law Firm LL.P by tendering a copy thereof to him or her and requiring his or her signature to the ...... original summons. (a) ···············································•······· ........................................................... .. (b) ................................................................................................................... . (a) Here state whether the person served signed or refused to sign the process and in whose presence. (b) Signature of serving officer. Or, ....................................................... .. (3) The said ........ and the house in which he ordinarily resides being personally known ll1 me. I went to the said house in .......... and there on ihe ......... day of .......... .. 19 ......... at about ........ o'dock in the ........ noon, I did not find the said ............ .. (a) ................................................................................................................ .. (J-,) .................................................................................................................... . (a) Ent~r fully and exactly the manner in which the :,rOCl'ss was served, with special reference to Arts. IOI, 102 (2) and 103. (b) Signature of serving officer. Or, (3) One ......... accompanied me to ................................................ and there pointed out to me ........ which he said was the house in which ........ ordinarily resides. I did not find the said ..... .... there. (a) ..................................................................................................................... . (b) ..................................................................................................................... . (a) Enter fully and exactly the manner in which the process was served, with special refe1cnce to Articles IOI, 102 (2) and 103. (b) Signature of serving officer. Or, If substituted service has been ordered, state fully and exactly the manner in which the summons was s rved with special reference to the terms of the order fnr suh~tit11t~d service. '-11 """ .,.,,1 ... ,ff,rmed .. hv the ~~id .... this .... day of ...... 19 .................... .. before me ......... empowered under Art. 206 of the Civil Procedure Code, 1965. to administer the oath to deponents. No. 8. ORDER FOR SERVICE OF SUMMONS IN JURISDICTION OF OTHER COURT ( ART. 107 (I)) WHEREAS it is stated that ................................. defendant in the above suit is at present residing in ........ : It is ordered that a summons returnable on the ....... . day of ........ 19 ........ be forwarded to the ........ court of ........ for service on the www.tgalawgroup.com TGA Global Law Firm LL.P 28 said with a duplicate of this proceeding. Dated .............. 19 ............. . Judge. No. 9. ORDER FOR SERVICE OF SUMMONS ON PUBLIC SERVANT OR EMPLOYEE ( ART. 109 ) To ........ (Name, description and residence) Under the provisions of Art. 109 of the Civil Procedure Code, 1965, a summons in duplicate is herewith forwarded for service on the defendant ........ who is stated to be serving under you. You an: requested to cause a copy of the said summons to be served upon the said ........ and to return the original to this coun signedby the said ........ with a statement of service enddrsed thereon by you. Judge. No. 10. SUMMONS TO WITNESS ( ARTS. 111 AND 114 ) To ........ (Name. description and residence) WHEREAS your attendance is required to give evidence and or to produce (describe document) on behalf of the ............................. in the above suit, you are hereby required (personally) to appear before this court on the ........ day of ....... 19 ...... . at ........ o'clock in the forenoon, and to bring with you (or to send to this ........... . court) the said document. A sum of E. . ...........• being your travelling and other expenses and subsistence allowance for one day. is herewith sent. If you fail to comply with this order without lawful excuse. you \\;11 be subje.:t to the consequences of non-attendance laid down in Art. 442 of the Penal Code of 1957. Given under my hand and the seal of the coun. this ........ day of ....... . "' ·- .......... , Judge. Notice:- (I) if you are ~ummoned only to produce a document and not give evidence, you shall be deemed to have complied with the summons if you cause such dovument to be produced in this court on the day and hour aforesaid. G (2) If you are detained beyond, the da:r. aforesaid, a sum of E. . ...... will be tendered to you for each day·s attendance byond the day specified. No. II. WARRANT OF ARREST OF WITNESS (ART. 118 (2)) To the Chief Police Officer of the Taklay Guezat of ...... and all other police officers. WHERE,.S ...... has been duly served with a summons but has failed to atteno (absconds and keeps oct uf the way for the purpose of avoidinl! service of a summons); You are hereby ordered to arrest and bring the said ...... before the court. You are further ordered to return this warrant on or before day of ...... 19 ...... with an endorsement cen.fying the day on and the manner in which it has been executed or the reason why it has not been executed. Given under m y hand and the seal of the court, this ...... day of ..... 19 ...... . www.tgalawgroup.com TGA Global Law Firm LL.P No. ll. WAIUlANT OF COMMJ'ITAL CUT. IJI Cl)) To the Superintendent of Prison at • WHEREAS the plaintiff' (or defendant) in the above-named suit has made application to this court that security be taken for tht' appearance ol .......... to pve evidence (or to produce a document). on the .............. day of ..•..... 19 .....•......... u whereas the court has called upon the said ......................... to execute a bond. which he has refused to do; This is to require you to m:eiVf the said •..... , ...... into your custody in the civil prison and to produce him before this court al ................ on the said day and on such other day or da)'S as may be hereafter ordered. Given under my hand and the seal olthe court. 1his ............. day of ....... 19 .... . Judp:. No. 13. WARRANT Of COMMllTAL CART. 121) To lhe Superintendent of Prison at WHEREAS ................... whose attendance is required before the court in the above-named case to give evidence (or to produce a document) has been arrested and brought before the court in custody; and w~reas owing to the absence of the plaintiff (or defendant). the said cannot give such evidence (or produce such do- cument): and wh!:reas the court has called upon the said .......... to execute II bond (or his appearance on the ......... day of ....... 19 ............. at ............... which he has refused to do; This is to require you to m:eive the said .............. inh> ~our cu~tlld} in the civil prison and to produce him before this court at,. ............. l>n the ...... day of ············ 19 ..... ~ ....... . Gi\'en under my hand and the seal of the court •. ihis ......... day of .. , ...... 19 ....... . No. 14. WARRANT OF ARR_EST BEFORE JUDGMENT CART 14'71 (Descrirtion of officer entrusted with execution of Warrant) WHEREAS ............. the plaintiff' in the above suit. clai- ,ti.: ~um of E. and has proved to the satisfaction of the court that there is probable cause for 1-tcleiv- ing that the defendant ........... is about to ............. ; These are to command you to demand and receive from the said ............... the sum of E. . ......... as sufficient to satisfy the plaintitrs claim. and unless the said sum of E. . .......... is forthwith delivered to you by or on behalf of the said ..............• to take the said ........... into cu,;1ody. and to bring him before this court. in order that he may show cause why he ,hould not fnrni,h 'CCurily to the amount of E. . ............ for hi~ rcrsonal af'- pearam:e before the court. until such time as the said suit shall be fully and finally disposed of. and until satisfaction of any decree that may be pa!iliCd apinst him in the suit. Given under my hand and the seal of the court. this······-···· day of ......... 19 ........ . Judgie www.tgalawgroup.com TGA Global Law Firm LL.P JO No. 15. SUMMONS TO DEFENDA1''T TO APPEAR ON SURETY'S APPLICATION FOR DISCHARGE (ART. 149) To (Name. description and residence) WHEREAS ............... who became surety on the .......... day of ............ 19 .... .. for ~our appearance in the above suit. has applied to this court to be discharged from his obligation : Yon :trl' hl'rdw snmmon,•y plaentiff and upon reading the said application ( or the statement of claim filed in this suit on the ............ day of .......... 19 ....... , or the reply of the said plaintiff filed on the ....... day of ....... 19 ......... , and upon hearing the evidence of ........ and in support thereof (if after notice and defendant not appearing ; add, and also the evidence of ....... as to service of notice upon the defendant): This court orders that an injunction be awarded to restrain the said defendant., his servants, agents and workmen, from pulling down, or suffering to be pulled down, the house in the state- ment of claim in the said suit of the plaintiff mentioned (or in the reply, or application of the plaintiff and evidence at the said hearing), being No. 10, ......... Street, in .... . and from selling the materials whereof the said house is composed, until the hearing of this suit or until the further order of this court. Dated this ............... day of ............ 19 ............... . Judge. (Where the injunction is sought to restrain the negotiation of a note or bill, the order- ing part of the order may run thus:-) to restrain the said defendant~ and from parting with out of the custody of them or any of them or endorsing, as- signing or negotiating the promissory note (or bill of exchange) in question, dated on or about the ............. etc .. mentioned in the plaintiffs statement of claim (or application and evicience, etc) until the hearinl[ of this suit, or until the further ordrr of this court. (In copyright cases) ................. to restrain the said defendant his servants, agents or workmen, from printing, publishing or selling a book , from or any part thereof, until the, etc. (Where part only of a book is to be restramed\ ........ to restrain the said defendant, his servants, agents or workmen, from printinl[, publishing selling or otnerwise disposing of such parts of the book in the statement 1>f claim (or application, r.tc) mentionerl to have been published by the defendant as hereinafter specified, namely, that part or the said book which is entitlea ....... and also that part which is entitled ........... (or which is contained in page ....... to page www.tgalawgroup.com TGA Global Law Firm LL.P ........ both inclusive ) until ..... ,., etc. (In Patent cases) ....... to restrain the said defendant, his agents, servants and work- men, from making or selling any perforated bricks (or as the case may be) upon the principle of the inventions in the plaintiff's statement of .:laim (or application, etc.) mentioned, belonging to the plaintiffs, or either of them, during the remamaer of the respective terms of the patents in the plaintiff's statement of claim (or as the case may be) mentioned, and from counterfeiting, imitating or resembling the same inventions, or either -of them, or making any addition thereto, or subtraction there- from, until the hearing, etc . .. .... .. (In cases of Trade marks) ........ to restrain the said defendant, his servants, agents or workmen, from selling, or exposing for sale, or procuring to be sold, any composition or blaok.ing (or as the case may be ) d'escribed as or purporting to be blacking manufactured by the plaintiff in bottles having effied thereto such labes as in the plaintiffs statement of claim (or application, etc.) mentioned, or any other labels so contrived or expressed as, by colourable imitation or otherwise, to represent represent the composition or blacking sold by the defendant to be the same as the composition or blacking manufactured and sold by the plaintiff, and from using trade cards so contrived or expressed as to represent that any composition or blacking sold or proposed to be sold by the defendant is the same as the composition or blacking manufactw-cd or sold by the plaintiff until the. etc . ........ no restrain a partner from m any way interfering in the business) ....... to res- train the said defendant. his agents and servants, from entering into any contract and from accepting, drawing , endorsing oi-negotiating any bill of exchange, note or written security in the name of the partnenhim-firm of ....... and from contracting any debt, buying and selling any goods, and from maJcfog or entering into any verbal or written promise, agreement or undertaking, and from doing, or causing to be done, any.act, in the name or on the credit of the said partnership-firm of, or whereby the said partnership-firm can or may in any manner become or be made liable to or for the payment of any sum of money, or for the oerformance of any contract, promise or undertaking until the, etc No. II. APPOINTMENT OF RECEIVER ( ART. 166. j To ........ (Name, description and residence) WHEREAS ....... has been attached in execution of a decree passed in the above suit on the ....... day of. ..... 19 ....... , in favour of ........ ; You are hereby (subject to your giving security to the satisfaction of the -court) appointed receiver of the said property under Art. 166 of the Civil Procedure Code , 1965, with full powers unn undt>r my hand ;rnd the seal of the c:ourt. this ...... da1 ,,r 19 .. Judge "-o. 20. PETITI0'.'1 FOR PROB.\ TE OF WILL A:\i[) ORDER OF PARTITIO'.'I In the Court of i'etit1oners A. B. C.D. In the matter of the pobate of the will of. . ..... deceased PETITIO;\i A.B .. C.D .. the above petitioners state as follows I. . .. died on the . . day of ..... 19 ...... at ..... and at the time of h1, death the deceased had Im principal residence at 2. The deceased left a (public. holograph. ·oral) will dated which was deposited in ... (or ~hich was in possess1nn of. . ) 3. In the said will was designated as testamentary e.,ecutor (or in the ,aid will no person was designated as test:1mcntary executor). 4. The deceased was survived by i\.B .. C.D .. E.F. etc. who are t!te heir,-at-1:t,• and 'v1. :--1 .. 0. P. etc . have been designated in the said will as legatees by uni versa 1 title. 5. The will w\ls opened on the . .. day of ...... 19 ....... at (place) and there wcr., present 6. At the meeting of ..... (dated) it was determined who the heirs or legatees ati>, and to what proportion of the succession each of them is entitled also all interest<.,l Jarties were, in accordance with the provisions of Art. 971 of the Civil Code. informq.cl. by . .. .. of the manner in which he considers that the succession should devolve I a c set out in the instrument attached to this petition signed by the persons concernef. NOTICI TO SHOW CAUSE (GENEJLU. FORM) To (Name, dacripdon and reaidenc:e) Whereas the above-named ......................................................................... . bu made application to this court that ..................... ... ......... .... ; You are hereby warned to appear.in this court in person or by a pleader duly ins- tructed OD the •....... day Of ............. 19 ............. , at ........... o'clock in the forenoon, to lbow cause apinst the appl cation, failin& wherein, the said application will be heard and determined ex-parte. Given .under my hand and the seal of the court, this ............ day of ........ 19 ...... . Judge. FOURTH SCHEDULE. EXECllTION Ne. 1. ORDER SENDING DECREE FOR EXECllTION TO OTHER COURl' (ART. 372) Whereas the decree-holder in the above suit hu applied to this court for a cer- tificate to be 1e11t to the court of ....................... at ...................... for execution of the decree in the above suit by the said court, alleging that the judgment-debtor resides or bu property within the local limits of the jurisdiction of the said court, and it is deemed necessary and proper to send a certificate-to the said court under Art. 373 of the Civil Procedure Code., 1965,. it is Ordered : 1bat a copy of this order be sent to ................................................................. . with a copy of the decree and of any order which may have been made fo1 execution of the same and a certificate of non-satisfaction. Dated the ........... day of .............. 19 ....•......... Judge. No. 2.. CD.TD'ICATE OF NON-8ATISFACl10N OF DECREE (ART. 373) Certified that no (1) satisfaction of the decree of this court m sui.t No. . ...... ..of ....... 19 .......... , a copy of which is hereunto attached, hu been obtained_by e,;ecution within the juriJdiction of this court. Dated the ............. day of ··-······· 19 ............. . Judge (1) Hputial, ltrike out" no" and state to what extent. www.tgalawgroup.com TGA Global Law Firm LL.P 46 No 3. NOTICE TO SHOW CAUSE WHY EXECUTION SHOULD NOT ISSUE (ART. 381 (.l) To (Name, description and residence) WHEREAS ................. has made application to this court tor execution of decree in Suit No .......... of 19 ......... , on the allegation that the said decree has been transferred to him by assignment, this is to give you notice that.you are to appear before this court on the ................ day of ............ 19 ..•......... , to show cause why execution should not be granted. Given under my hand and the seal of the court, this .......... day of ........ 19 ..... .. Judge. No. 4. NOTICE TO SURETY OF HIS LIABILITY UNDER DECREE (A~T. 382) To (Name, description and residence) WHEREAS you ................. did on ............... become liable as surety for the performance of any decree which might be passed against the said ........ defendant in the above suit; and whereas a decree was passed on the ..... , .... day of ......... 19 .... .. against the said defendant for the payment of ........................................................ . and whereas application has been made for execution of the said decree against you: Take otice that you are hereiy required on or before the .............. day of ........ . 19 ................... to show cause why the said decree should not be executed against you, and if no sufficient cause shall be, within the time specified, shown to the sa- tisfaction of the court, an order for its execution will be forth-with issued in the terms of the said application. Given under my hand and the seal of the court, this ...... , ... day of .......... 19 ......... Judge. No. 5. WARRANT OF ARRFSf IN EXECUTION (ART. 388) To (description of officer entrusted with execution of warrant) WHEREAS ........ was adjudged by a decree of the court in suit No .............. .. of 19 ............... , dated the ............. day of .......... 19 ............ , to pay to the decree- holder the sum of E. . .......... , and whereas the said sum of E, ......... has not been paid to the said decree-holder in satisfaction of the said decree, these are to command you to arrest the said judgment-debtor and unless the said judgment-debtor shall pay to you the said sum of E. .. ...... together with E. . ........ for the costs ol execut- ing this process, to bring the said defendant before the court with all convenient speed. You are further commanded to return this warrant on or before the day of ..... .. 19 ........... with an endClrsement certifying the day on which and manner in which it has been executed,.or the reason why it has not been executed. www.tgalawgroup.com TGA Global Law Firm LL.P 47 Given under my hand and the seal of the coun, this ........... day of ...... 19 ......... . Judge. No. 6. WARRANT OF COMMITTAL OF JUDGMl:NT-Dt:BTOR TO PRISON (ART. 38). To the Superintendent of Prison at WHEREAS ........... who has been brought before this court this ........... da, of ........... 19 .......... , under a warrant in ciu:cutjon of a decree which was made and pronouccd by the said coun on the ........... day of ........... 19 ................ and by whicl decree it was ordered tltat the said .••........ :,huuk! PJ) L ....... ; And whereas th" said ........... has not obeyed the decree nor lloilll:,lacd the coun that he is entitled to bo discharged from custody: You arc hereby commanded and required to take and receive the said ............. into the civil praon and keep him imprisoned thcrcm for ;i period not exceeding ........... or until the said dccrcc shall be fully satisfied, or th11. said ............ shall be otherwise entitled to be released acc'lrding to the terms and provisions of An. 399 of the Civil Procedure Code, 1965. Given under my signature and the seal of the coun, this ........ day of ...... 19 ...... . Judge. No. 7. ORDER FOR RELEASE OF PERSON IMPRISONED IN EXECtrTION (ART. 3901 To the Superintendent of Prison at ................. . Under orders passed this day, you arc hercbv directed to set free ............... . judgment-debtor now in your custody. Dated .......................... . Judge No. I. WARRANT OF ATTACHMENT OF MOV ABU: PROPERTY IN EXECUTION o• DECRU FOR MONEY (ART. 3M) To the Execution offia:r WHEREAS .......... was ordered by dccrcc of this coun passed on the ..... day of .. . 19 ......... , in Suit No ........ , to pay the plaintiff the sum of E. . ........ and whereas the said sum has not been paid, ......................... . These arc to command you to attach the movable prnpeny of the said ........ as set fonh in the schedule hereunto annexed. or which shall be pointed out to you by the said .......... , and unless the said ......... shall pay to you the said sum of E. . .. . together with E. . ....... , the costs of Jlis attachment, to hold the same until further orders from this coun. You arc funhcr commanded to return this warrant on or before the ..... day of .... 19 ........... with an endorsement certifying the day on which and mann..:, rn ,,.,u.,;u 11 has been executed, or why it has not been executed. Given under my hand and the seal of seal of the coun this ........ day of ....... 19 ..... . Scchcdulc Judge. www.tgalawgroup.com TGA Global Law Firm LL.P No. 9. NOTJCE TO SHOW CAUSE WHY PAYMENT OR ADJUSTMENT SHOULD NOT BE HCOIU>FJ> (ART. 3N (2) To (Name, description and residence) WHEREAS in execution of the decree in the above-named suit ........... bu applied to this court that the sum of E. . ...... rec:o¥Cl'&ble under the decree has . been paid and or adjusted ....... and should be recorded as certified, this is to give you notice that you are to appear before this court on the ........ day of .............. . 19 ......... , to show cause why the payment and or adjumnent .......... aforesaid should not be recdrded as certified. adjustment as certified. Given under my hand and the ,cal of the court. this ....... day of ..... If ........... . Judge. No. 10. WARRANT FOR SEIZURE OF SPEQFIC MOVABLE PROPERTY ADSUDGm BY DECllEE (ART. 3") To the-F.xecution Officer 4'; WHEREAS ........... WU ordered by decree of this court pused OD the •••••• day of ........ 19 ........ , in Suit No ........ ofl9 ...•.......• to detiwrtotheplaintifTthe movable property ( or a · ......... share in the movable property) specif'led in ~ ICbedule hereunto annexed, and whereas the said property (of abare) bu not been delil'ef'Cd. These are to command you to seize the uid r,novable property (or a ....... abare of the said movable property) and to deliver it to tbe plaintiff or to such penon as be may appoint in bis· behalf. Given under my hand and the ,cal o! 1be court, this -·· day of ...... If ....... . Scbedule Judge. No. 11. NOTICE TO STA TE OBBCl'IONS TO DltAl'T 0, DOCUMENT (AIIT. et (2)) To (Name , description and residenc! G TAKE notice that on the ......... day of ......... 19 ......... , the decree-bolder in the above lllit preseated an application to this court that the court may execute on your behalf a deed of ............................. , whereof a draft ii hereunto annexed, of the immovable property. specified hereunder, and that the ...... you are at liberty to appear OD the said day a..a to state in writina any objectiom Given under my band and the seal of the court. this ........ day of ...... If ....... .. Judge. www.tgalawgroup.com TGA Global Law Firm LL.P NO. 12. FORM OF ENDORSEMENT (ART. 401 (4) ) C.D., Execution officer of the Court of (or as the case may be), for A.B. in a suit by E.F. against A.B. No. 13. WARRANT TO GIVE ~~ION OF IMMOVABLE (ART. 402) 49 WHEREAS the undermentioned property in the occupancy of . has been decreed to ................ the plaintiff in this suit: You are hereby directed to put the said .............. in possession of the same, and you are hereby authorised to remove any person bound by the decree who may refuse to vacate the same. Given under my hand and the seal of the court. this ............ day of ......... 19 ....... . Schedule Judge. No. 14. ATTACHMENT OF PROPERTY NOT IN PO~~ION OF JUDGMENT- DEBTOR ( ART. 409 j To ........ (Name, description and residence) WHEREAS ........ has failed to satisfy a decree passed against ........ on the ...... . day of ....... 19 ...... , in Suit No ........ , in favour of ....... for E. . ...... , it is ordered that the defendant be, and is hereby prohibited and restrained until the further order of this Court, from receiving from ..... the followin!! propertv in the possession of the said ... that is to say ...... to which the dc:tendanl is entnled, subject to any claim of the said ....... , and the said ...... is hereby prohibited and restrained, until the further order of this court, from delivering the said property to any person. (or as the case may be) from receiving from you a certain debt alleged now to be due from you to the said defendant, namely ....... , and that you, the said ....... , be and you are hereby prohibited and restrained, until the further order of this court, from making payment of the said debt, or any part thereof, to any person or otherwise than into this court. (or as the case may be) from making any transfer of ....... shares in the Company, or from receiving payment of any dividends thereon. (and in the latter case) You, ....... , the Secretary of the said Company, are hereby prohibited and restrained from penritting any such transfer or making any such payment. Given under my hand and the seal of the court, this ....... day of ....... 19 ...... .. Judge. No. 15. ATTACHMENT OF SALARY ( ART. 411 j To ......... (Name, description and residence) www.tgalawgroup.com TGA Global Law Firm LL.P WHEllEAS judgment-debtor in the above-named cue, is a (clacribe ofTac:c of judgment-debtor) receiving his salary (or allowances) at your bands; and whereas ....... , decree-holder in the said cue, has appliad in this court for the attachment of the salary (or allowances) of the said ...•..•. to the eumt of E. . ...... due to him under the decree; You are hereby requiRd to with bold the said sum of E. . ...... from the salary of the said ....... in monthly in1talmcnts of E. . ..... and to remit the said sum (or monthly instelments) to this court. Gi- under my band and the aeal of the court. this ...••... day of ....... 19 ...... . No. 16. A'ITAOIMENT Ot' NEG011ABLET INSTRUMENr (ART. 412) To ........ the Execution Officer WHEllEAS an order has been passed by this court on the ....... day of ...... 19 •...... , for i. llttaduncnt of ......• ; You are hereby directed to sei7.e the said ....... and bring the same into court. Gi- under my band and the aeal of the court. this ....... day of ....... 19 ....... . Judge. No. 17. A'ITAOIMENT OJ' PROPDTY IN CUSTODY OJ' COURT OR PUBLIC omca (All'r. 413) To ....... (Name. dcllcription and raidence) WHEllEAS the plaintiff has applied._ under Art. 413 of the Civil Procedure Code, 8'5, for an aUaduam• of certain DM111CJ now in your bands (here state bow the DM111CJ is IUppmed to be in the bands of the penoD addRued, OD what account, etc.) and wbaas the said appic:ation has been panted by this court on the ••.•.... day of ....... It ...... , you are bcreby requiRd to hold the said DM111CJ subject- to the further order of this court. Dalledthe .•.•... clayof ••.•••. lt ...... . Judge. No. II. AffAOIMENT Ot' IMMOV~ PROPIZl'Y (ART. 414) To ......... (Name. delCiiplion and raidmce) ......... defeodant ............ .. WHEREAS you~ failed to alilfy a dane paled apimt you on the ... day of ....... It ...... ., in Suit No .....••. of It ....... , in fa~ of .•...... for E. . ...... ; it is ordc- n,d that you, the said .••.••• , be, and you are hereby prohibited and restrained, until the furtm order altbis coart, rn.. tnlllfcniq CII' ~ the property specified in the x:hechde......, ....... by ale, gift CII' odlerwile, ud that all pmona be, and- that they are lllemby pn,llillitecl l'na RlllCiwta the mne by pun:bue, lift or otber- wiae. www.tgalawgroup.com TGA Global Law Firm LL.P 51 Given under my hand and the seal of the court, this ....... day of ....... 19 ...... . Schedule Judge. No. 19. PAYMENT OF MONEY IN HANDS OF 11DRD PAR1Y (ART. 416) To ........ (Name, description and resideooe) WHEREAS the following property ....... has been attached in execution of a decree in Suit No ........... of 19 ............... passed on the .......... day of ...... 19 ....... .in favour of ....... for E. . ...... ; it is ordered that the property so attached, consisting of E. . ...... in money and E. . ...... in currency notes. or a sufficient part thereof to satisfy the said decree, shall be paid over by you, the said ...... . Given under my hand and the seal of the court, this ....... day of ....... 19 ..... . Judge. No. :ZO. NOTICE TO ATTACHING CREDITOR ( ART. 411 / To ....... (Name, description and residence) WHEREAS ....... has made application to this court for the removal of attach- ment on ........ placed at your instaooe in eucution of the decree in Suit No ........ of 19 ....... , this is to give you notice to appear before this court on the ....... day of ..... . 19 ....... , either in person or by.a pleader of the court duly instructed to support your claim, as attaching creditor. Given under my hand and the seal of the court, this .•..... day of ....... 19 ..... . Judge. No.11.ORDERFORSALEOFPROPEllTY ATTACHED ( ART.422 J To ...•... (Name, delcription and resicleoc:c) ........ , auctioneer. These are to command you to sell by auction, after giving ........ days previous notice, by affvting the same in this court-house, and after making due proclamation, the .•.•••. property attached under a warrant from this court, dated the ....... day of ....... 19 .....•. , in execution of a dccn:e in favour of ....... in Suit No ........ of 19 ....... , or so much of the said property as sba1I realize the sum of E. . ...... , being the ...... . You are further commanded to return this warrant on or before the ....... day of ..•.... 19 .••..•. , with an endorsement certifying the manner in which it has been execu- ted, or the reason why it bas not been CIICICUtcd. Given under my band and the seal of the court, this ....... day of ....... 19 ...... . ·Judge . .......... of the: said dccn:e and COIIS still ..,..;njng unsaflSfied. No. ll. noc:L\MA'llON OP SAU (AIIT. 413) Notice is baeby ~vm that, under Art. 411 of the Civil Procedure <;:ode; 1965, aa order bu been passed by this court for the sale of the: attached property mentioned www.tgalawgroup.com TGA Global Law Firm LL.P 52 in the arinexed schedule, in satisfaction of the claim of the decree-holder in the Suit No ......... of 19 ....... , decided by the ....... of ....... in which ....... was plaintiff and ....... was defendant, amounting with costs and interest up to date of sale to the sum of E ....... . The sale will be by public auction, and the propeny will be put up for sale in the lots specified in the schedule. The sale will be of the property of the judgment-debtors above-named as mentioned in the schedule below; and the liabilities and claims attaching to the said propeny. so far as they have been ascertained, arc those speci- fied in the schedule against each lot. In the absence of any order of postponement, the sale will be held by ........ at the monthly sale commencing at ····~··· o'clock on the ........ at ........ In the event, however, of the debt above specified and of the costs of the sale being tendered or paid before the knocking down of any lot, the sale will be stopped. At the sale the public generally are invited to bid, either personally or by duly authorised agent. No bid by, or on behalf of, the judgment-creditors above-menti- oned, however, will be accepted, nor will·any sale to them be valid without the express permission of the court previously given . The following arc the funhcr conditions of sale. I. The particulars specified in the schedule below have been stated to the best of the information of the coun, but the coun will not be ll!lSWCr-ablc for any error, mis- statement or omission in this proclamation. 2. The amount by which the biddings are to be increased shall be determined by the officer conducting the sale. In the event of any dispute arising as to the amount bid, or as to the bidder, the lot shall at once be again put up to auction. 3. The highest bidder shall be declared to be the purchaser of any lot, provided always that he is legally qualified to bid, and provided that it shall be in the discre- tion of the coun or officer holding the sale to decline acceptance of the highest bid when the price offered appears so clearly inadequate as to make it advisable to do so. 4. Reasons recorded, it shall be in the discretion of the ofTICCI' conducting the sale to adjum it subject always to the provisions of Art. ffl of the Civil Procedure Code, 1965. 5. In the case of movable property, the price of each lot shall be paid at the time of sale or as soon after as the officer holding the sale directs and in default of payment the propeny shall fonhwith be again put up and re-sold. 6. In the case of immovable property, the person declared to be the purchaser shall pay immediately after such declaration a deposit of 25 per c:mL on the amount of bis pvrchasc-moncy to the officer conducting the sale, and in dcfault of 11..cb depo- sit the propcny shall forthwith be put up again and re-sold. 7. The full amount of the purcbase-moncy shall be paid by the purchaser not later than the fifteenth day after the date of the sale of the property, eldusiw of sucb www.tgalawgroup.com TGA Global Law Firm LL.P 53 day, or if the fifteenth day be a Sunday or other holiday, then on the first working day after the fifteenth day. 8. In default of payment of the balance of purchase-money within the period allowed, the property shall be re-sold after the issue of a fresh notification of sale. The deposit, after defraying the expenses of the sale, may, if the court thinks fit, be forfeited to Government and the defaulting purchaser shall forfeit all claims to the property or to any part of the sum for which it may subsquently sold. Given under my hand and the seal of the court, this ........ day of ....... 19 .... .. SCIIEDUU: OF PROPERTY Number Description of property Revenue assessed Detail Claims. ,f of to be sold, with the upon the estate of any any. which lot name of each owner where or part ,of the incum- h,1ve been there are more judgment- estate, if the brances to put forward debtors than one property to be which the to the pro- sold is an interest property p~rly and in an estate or a is liable. any other part of an estate known parti- paying revenue to culars bear- Government. ing on its nature and valur. Judge www.tgalawgroup.com TGA Global Law Firm LL.P No. 23. ORDER FOR PUBUCATION OF PROCLAMATION OF SALE (ART. 425i To ....... the Execution OfTx:er WHEREAS an order has been made for the sale of the property ofthejudgment- debtor specified.. in the schedule hereunder annexed, and whereas the ........ day of ....... 19 ...... , bas been fixed for the sale of the said property, ..•.... copies of the proc- lamation of S"lle are by this warrant made over to you, and you are hereby ordered to have the proclamation published by beat of drum within each of the propelties speci- fied in the said schedule, to affix a copy of the said proclamation on a conspicuous part of each of the said propenies and afterwards on the coun-house, and then to submit to this court a report showing the dates OD which and the manner in which the proclamation have been published. Dated the ...... : day of ·····- 19 ..... . Schedule Judge. No. 24. CERllffCATI: BY AT crnONUR OF DDlCIENCY OF PRICE ON RE-SALE ( ART. 429) Certified that at the re-site of the property in execution of the decree in the abo~ named suit, in consequence of default on the pan of ........ , purchaser, there was a deficiency in the price of the said property amounting to E. . ...... , and that the ex- penses attending such re-sale amounted to E. ....... , making a total of E. . ...... , which sum is ra:owrable from the defaulter. Dated the ....... day of ······· ., ······· Auctioneer No. 25. N011CE TO PERSON IN ~ESSION OF MOVABLE PROPERTY SOLD IN DECUTION ( ART. 436 j To ....... (Name, clcscriplioa and residence} WHEREAS ...... bas become the purcbascr at a sale by public auction in execu- tion of the decree in the above suit of ................. now in your possession, you are hereby prohibited from delivery of possession of the said ....•..... to any person except the said •....••••.••... (or as the case may be) of .................. being debts due from vou ............. to you ............... it is ordered that you .......... be, and you are hereby prohibited ·from receiving and you .......... from mating payment of, the said debt to any person or persons except the said ···················································-· (or as the case may be) of cenain shares in the ........ Company, standing in the name of you ........... it is ordeRd that you ........ be, and you are hereby prohibited from . mating any transfer of the said shares to any person eiu:ept the said ........... the pur- chaser aforesaid. or from receiving any diYideads thereon. (and_in the latter case) You, ........ the Secretary of the said ....... Company are hereby www.tgalawgroup.com TGA Global Law Firm LL.P prohibited anti restrained from permittiq any such transfer or making any such pay- ment to any person except the uid ...... , the purchucr aforesaid. Giwn under my band and the aeal of the court, thia ....... day of ....... 19 ...... Judge.· No. 26. CDTD'ICATE AUTHORISING MORTGAGE, LEA.SE OR SA.LE OF PRO- PERTY ( A.llT. 43J ) WHEREAS in execution of the decree passed in the above suit an order was made OD the ........ day of ........ 19 ....... , for the sale oftbe under-mentioned property of the judgment-debtor ........ and whereas the court has, on the application of the uid juda- ment-debtor, postponed the said sale to enable him to raise the amount of the decree by martgage. lease or private sale of the said property or of some part thereof. This is to certify that the court hereby authorises the said judgment-debtor to mate the proposed mortgage, lease or sale within a period of ......... from the date of this cenific:atc: provided that all monies payable under such mortgage. leue or sale shall he paid into this court and not to the said judgment-debtor. Description of property Given under my hand and the seal of the court.. thia ....... day of ....... 19 ..... . Judge. No. 'ff. NOl1CE TO SHOW CAUSE WHY SA.LE SHOULD NOT BE SET ASIDE ( A.llT. "7 ) Tu ....... (Name, delcription and residence) WHEREAS the under-mentioned property was sold on the ....... day of ...... 19 ....... , in aecution of the decree passed in the above-named suit, and whereas ....... , the decree-holder (or judgment-debtor), has applied to this Court to set aside the the sale of the said pro~y on the ground of a material irregularity (or fraud) in publishing. ( or conductintf' the sale, namely, that ..................................................... . (or u the cue may be\ WHEREAS ....... , the purchaser of the under-mentioned property sold on the .. ~ ..... day of ....... 19 ........ , in execution of the decree passed in the above-named suit has applied to this court co set qide the sale of the said property OD the ground tha; ........ , the judgment-debtor, flad no saleable. interest therein. Tate notice that if :,ou have any cause to show why the uid application should not be J,r&Dted, you should appear with your proofi in this court on the ....... day of ....... 19 ...... , when the wd application wiU be beard ,nd determined. Description of property Judge. www.tgalawgroup.com TGA Global Law Firm LL.P 56 No. JI. CDTIFICATE OF SALE OF LAND ( ART. "1 J THIS is to certify that ....... bu been declared the purchaser at a sale by public auction on the ...... day of ....... 19 ........ , of ........ in execution of decree in this suit, and that the aaid sale ha1 been duly confirmed by this coun. Oiven under my hand and the 1e1I of the coun, thi1 ....... day of ....... 19 ....... Judge. No. 29. ORDER FOil DEUVERY OF IMMOVABLE SOLD (ART ... J To ....... the Execution Officer WHEREAS ......... hu l"--comc the tcrlified purchaser of ........ at a sale in execution of decree in suit N,,. . ....... of 19 : ........ . You are hereby ordered to put the said ....... , the ccnilicd purchaser, as aforesaid, in possession or the same. Given under my hand and the seal of the coun, this ........ day of ....... 19 ....... Judge. No. 30. SUMMONS TO APPEAR AND ANSWER CHARGE OF OBSTIUCTING EXECUTION ( ART. 4SO i To ........ (Name, description and residence) WHEREAS .......• the decree-holder in the above suit, bu complained to this court that you have resisted (or obstructed) the officer charged with the execution of the warrant for possession : You Jre hereby summoned to appear in this coun on the ....... day of ....... 19 ..... at ........ to answer the said complaint. Given u_nder my hand and the seal of the coun, this ........ day of ........ 19 ...... . . Jlidp. No. 3L W~ OF COMMmAL ( ART . ..SI J To ....... the Superin~t of prison at .. : ........ .. . -WHEREAS the ~-mentioned pro.perty bu been decfced to., ....... , the plain- tiff in 1hi.~ suit. - ~nd w~ dae c:oiait is utidied tbal ........ without any jus& cause Nlli1ted 10~ obstructed) and Iii~ resillilli (or oblttuctina) the said.; ..... in obtainint ~ ssion of the properly, and ~ the aaid .... , .... bu made application to this coun that the said ....... be commit*1 to the cMl prison; You are hereby c:ommaQded •nd req,ired to take and receive the said ....... into the civil prison and to keep him imprisoned therein. for the period of ........ daya; Given under my band and thr ..,..,, ,r •t,I' 1:ourt, tbi1 •...... day or ....... 19 ...... Judp. \ www.tgalawgroup.com TGA Global Law Firm LL.P