Create successful ePaper yourself
Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.
IOWA LAW REVIEW<br />
[Vol. 53<br />
www.abyssinialaw.com<br />
opposition of the governors may have been a factor in causing suspension<br />
of the proclamation.<br />
While there was some degree of confidence in the High Court, there<br />
was often much less confidence in the lower courts. The best Ethiopian<br />
judges were appointed to the High Court, and prominent Ethiopians<br />
were accustomed to having their cases heard there. With the change<br />
in jurisdictional limits and the abolition of easy transfer, many more<br />
cases would have to be heard in the lower courts, which caused objection.<br />
Apart from this, there was a serious question as to whether<br />
the present judges of the lower courts were competent to handle cases<br />
involving the amount of money within their jurisdiction. There was<br />
also the question of what to do with the existing Talday Guezat Court<br />
judges. All could not and should not be promoted to the High Court,<br />
and they might consider appointment to the Awradja Court a demotion.<br />
Despite the admitted need to reduce the number of cases coming<br />
before the High Court, the objection to having important cases tried<br />
before the lower courts may have been another factor causing the<br />
suspension of the proclamation.<br />
As best as can be determined, the decision was made to postpone a<br />
final solution until the adoption of the Civil Procedure Code. The<br />
question, therefore, could be reviewed and debated further. Perhaps<br />
the opposition of the provincial governors might be overcome; at least<br />
they would have more time to adjust to the new state of things. More<br />
competent judges could be appointed to the Awradja and Woreda<br />
Courts, 249 and satisfactory arrangements could be made for the transfer<br />
of Taklay Guezat judges.<br />
The Civil Procedure Code was promulgated in October, 1965.250 The<br />
Code incorporated the basic structure and jurisdiction of the 1962<br />
Proclamation, though some changes were made. The High Court is<br />
given exclusive jurisdiction in a number of cases irrespective of jurisdictional<br />
amount, 251 and there are more such cases than there were<br />
under the 1962 Proclamation. There are also provisions for a second<br />
appeal. There is one appeal as of right, but if the appellate court<br />
varies the judgment, there is a second appeal . 2 2 The theory is that a<br />
litigant should be satisfied if two courts agree. This should appease<br />
240 An examination for appointment to those courts has been established, which<br />
vill be discussed subsequently.<br />
250 It was promulgated by the Emperor as an emergency decree under his constitutional<br />
powers. ETmoPiAN Raism CONST. art. 92. The draft had been submitted<br />
to Parliament late in the session, and it was not acted upon. Because of<br />
the urgent need for a new civil procedure code, the Emperor resorted to his<br />
emergency powers. Parliament could disapprove the decree, but it is not likely<br />
that it vill do so, though some amendments might be made.<br />
251 Em. CIv. PRo. CODE art. 15.<br />
252 Id. art. 321.
Change language