Download - Abyssinia Law

LEGAL SYSTEMS
The primary consideration was to provide a court that people could
reach and where disputes of a relatively minor nature could be heard.
The means of transportation existing at that time were poor, as it has
always been difficult to travel great distances in Ethiopia. 239 This
consideration dictated the establishment of a court in the lowest administrative
unit. The more important the case, the further the parties
could be expected to travel-thus, the concept of a tiered court system
based on administrative units.
Each court heard appeals from the next lowest court and there was
to be only one appeal. 240 In practice, however, multiple appeals were
taken. The higher courts would often hear the appeal, although they
had no jurisdiction to do so. When courts were first established, there
apparently was a tendency on the part of dissatisfied litigants to seek
review in higher courts, and thus it may have been difficult for them
to accept the limitation of a single appeal. The higher courts may have
believed that they should not refuse to hear the appeal in view of the
prior practice or may not have trusted the lower courts to arrive at a
sound decision. Whatever the reason, the appeals often were heard.
Moreover, an appeal was usually a trial de novo, with the appellate
court rehearing all the evidence. These factors, coupled with an absence
of effective procedure, resulted in endless delays in litigation. It was
also possible for a defendant to obtain a transfer of his case to the High
Court upon posting security for costs. 241 1967] www.abyssinialaw.com
This enabled foreigners and
wealthier Ethiopians to have their cases heard in the High Court,
where there were some foreign judges242 and where the more competent
Ethiopian judges sat. In addition to imposing a hard burden on
the plaintiff who would often have to travel to Addis Ababa to have his
case heard, these transfers had the effect of substantially increasing
the case load of the High Court.
Furthermore, there was not a sharp distinction between the executive
and the judiciary functions of government. The governor of the
and in criminal ones where the authorized punishment exceeded five years imprisonment
or a fine of Eth. $2000.
239
Because of the mountainous nature of the country a modern transportation
system has been difficult to develop. Substantial improvement has been made
since 1942, but lack of adequate means of transportation remains a problem.
2 4
ADmINISTRATION OF JUSTICE PRocL i TION OF 1942 arts. 17, 18, NEGARI GAzERTA
(March 30, 1942).
241 COURT PROCEDURE RULEs OF 1943 art. 93, NEGARI GAzr_- (October 31, 1943).
242 Mostly of British nationality. THE AmnNmmTRATioN OF JUSTICE PocrAMTION
OF 1942 art. 4, NEGARIT GAZETA (March 30, 1942), provided that the High Court
should contain such number of judges of British nationality as the Emperor considered
desirable. In recent years, however, the number of foreign judges on the
High Court has declined considerably. It is interesting to note that there is no
requirement in the Constitution that judges be of Ethiopian nationality.