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LEGAL SYSTEMS
the desire of people for further review, and it insures that a case will
be finally disposed of by the High Court unless two lower courts
agree. The Civil Procedure Code also eliminates the former practice
by which a case could be transferred to the High Court upon payment
of security for costs. This practice had resulted in the transfer of
many cases to the High Court and increased the court's workload
substantially. Now a case can be transferred only in accordance with
the provisions of the Code relating to change of venue. 2 " The High
Court can no longer be resorted to on the ground that a litigant prefers
to have his case tried before a better court and can afford to post
security for costs.
Thus, the court structure of Ethiopia now consists of four levels: the
Supreme Imperial Court; the High Court; the Awradja Court; and the
Woreda Court. 254 The Woreda Court is close enough to most population
areas so that a lower court is not necessary. All cases have the
possibility of ending before the High Court unless two lower courts
agree. Jurisdictional amounts are more realistic. Coupled with the
abolition of easy transfer, the burden on the High Court will be reduced.
The abolition of the Taklay Guezat Court lessens the power of
executive officials in the administration of justice and represents the
first step in the development of the concept of a truly independent
judiciary in the provinces.
There is a problem as to the position of the Atbia Danias, and they
are the subject of much controversy. The establishment of Atbia
Danias was an attempt to institutionalize the traditional practice of
resorting to the arbitration of local elders. Apparently, the institution
has worked well in some areas, but not in others. There may be
a conflict between the Atbia Dania and the elders in the area. The
Atbia Danias are appointed by the government255 and may not enjoy
the status that the elders do. The elders may be jealous of the Atbia
Dania and may employ community sanctions to prevent the parties
from going to him. 256 1967] www.abyssinialaw.com
The Atbia Danias are not paid, and in some
areas it is reported that they charge fees to the litigants, which creates
253 Id. art. 31. One ground on which a change of venue is authorized is that the
case presents a question of law "of unusual difficulty." Such a case would be
transferred to the High Court.
254 Technically, the Taklay Guezat and Maktl-Woreda courts are not abolished,
since the 1942 Proclamation has not been repealed. But the judges have been
transferred, and for all practical purposes, they may be considered abolished.
255 The Minister of Justice makes the appointment upon the advice of the presidents
of the Awradja and Woreda courts for the "locality. ' The presidents are to
consult with local elders before making their recommendation.
256 In some areas, however, it is reported that the elders and the Atbia Dania
cooperate. The Atbia Danias are authorized to sit with two assessors, and the
elders serve as assessors.