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enforcement in the courts is only one. 2 71 At least theoretically, then,
litigation takes on a greater role in the common-law system, and detailed
rules have been developed to govern the conduct of litigation.
A nation developing its procedural system will essentially follow
one or the other approach to litigation. Ethiopia has opted for the
common-law approach. Under the Criminal Procedure Code, the
prosecution is adversary rather than inquisitorial, and the traditional
guarantees of the criminal accused which form an integral part of common-law
criminal procedure exist in Ethiopia. 2 7 2 The Civil Procedure
Code contains the features of common-law procedure with which we
are familiar: pleading, 27 3 stage preclusion, a separate trial as opposed
to conferences and proof-taking, direct and cross-examination, and
specific powers and limitations for the judge. The adversary system of
litigation with party responsibility for presentation of the case is also
employed. Consideration may now be given the reasons why Ethiopia
adopted the common-law approach toward procedure despite the fact
the substantive law was based on continental models.
There appear to be four factors which led to the adoption of this
approach: (1) the traditional method of litigation was adversary and
depended on party presentation; (2) following the Liberation, a
number of British judges were appointed to the High Court who influenced
the attitudes of Ethiopian judges toward procedure; (3)
litigation had always been considered extremely important and would
continue to be so, which necessitated procedural rules that would
expedite the conduct of such litigation; and (4) the judiciary did not
enjoy such confidence that they could be trusted with wide discretion.
First, litigation, as has been pointed out repeatedly, was long a
prominent feature of the Ethiopian scene. This litigation was an
individual matter; one person accused another before the judge. As
such, he presented his own case, and the judge was in the position of
arbiter..
2 74 [Vol. 53
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The proceedings were completely adversary in nature. In
criminal cases also, the concept of private prosecution was well-
2 7 establishedY. Thus, these proceedings were adversary rather than
inquisitorial.
Second, when the British judges presented the idea of the adversary
2 7 1 R. DAVID & H. DE VRIES, TnE FRENcH LEGAL SYSTEM 79 (1958).
272 Such guarantees are also contained in the Constitution. See ETIOPLo REvism
CoNST. arts. 51-57.
272 For a discussion of the distinction between the place of pleading in the
common-law and civil-law systems, see C. CLAPx, CODE PLEADING 9-12 (2d ed.
1947). Pleading is virtually of no importance in the civilian system, and the issues
are developed by the court during the conferences.
274See Graven, La Nouvelle procedure penle ethiopienne, 79 REvuE P ALE
SuIssE 70, 75-76 (S. Mikael transl. 1963).
275 Id. at 71-72.