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IOWA LAW REVIEW
a second appeal was authorized. 245 Therefore, there is the possibility
that each case could finally be determined by the High Court (if the
case began in the Woreda Court) or the Supreme Imperial Court (if
it began in the Awradja Court). This set the pattern for future reform;
there would be four levels of courts, three of which would exercise
original jurisdiction.
In 1962 this reform was undertaken. Parliament enacted the Courts
Proclamation Act, which abolished the Mektl-Woreda and Talday
Guezat Courts, and substantially increased the jurisdictional limits of
the others. Depending on the kind of case and the court, it might take
five to ten times the amount in controversy to bring the case now
before a particular court. 2 46 Moreover, there was to be only one
appeal, the theory being that a single appeal would be acceptable in
civil cases if the case would end before the Awradja Court or High
Court. It was contemplated that the Awradja Courts would fulfill
the role previously filled by the Taklay Guezat Courts. The more important
cases would be heard by the High Court, which was to sit in
every Taklay Guezat. The Atbia Danias were retained with their
previous jurisdiction.
There had been considerable opposition to the new proclamation,
which crystallized soon after passage. As a result, the proclamation
was not implemented, and two months after it was to go into effect,
Parliament suspended its operation. 247 [Vol. 53
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The only reason given in the
245 There is some confusion as to whether the second appeal exists as of right,
or as in civil cases, only where the court hearing the first appeal disagreed with
the judgment of the trial court. Art. 182 of the Criminal Procedure Code authorizes
a second appeal without restriction, unlike art. 321 of the Civil Procedure
Code, which authorizes a second appeal only where the first appellate court
"varies" the judgment. However, art. 195(3) of the Criminal Procedure Code
provides that "where the court of appeal confirms the conviction but alters the
sentence or vice-versa, a second appeal shall lie only in respect of the conviction
or sentence which has been altered." This provision has been interpreted as
qualifying art. 182 so as to preclude a second appeal where the first appellate court
confirmed both the conviction and sentence. Ansa Haile v. Feleketch Negussie,
High Court (unreported 1966). Such an interpretation is questionable, because it
appears that Parliament deleted from art. 182 a provision limiting the second appeal
to cases where the first appellate court varied the judgment of the trial court.
24t0 COURTS PROcLAATION Acz or 1962, NzGAsrr GAZETA (December 31, 1962). It
is interesting to note that under the Proclamation as well as under the subsequent
Civil Procedure Code it takes more money to get a case involving land before a
higher court than a case not involving land. For example, the High Court would
have jurisdiction in land cases only if the amount in controversy exceeded Eth.
$10,000, while in other cases a claim in excess of Eth. $5,000. Land litigation in
Ethiopia is very common; it is not inaccurate to say that it comprises at least half
of all the civil cases. In order to prevent the higher courts from being overrun
with land cases, a higher jurisdictional limit was necessary.
247 COURTS (A.MNDD=XT) PRoCmmLmTION or 1962, NEGARIT GAZETA (July 12, 1963).