የመጀመሪያ ደረጃ መደበኛ የፍትሐብሔር ክርክሮች አካሄድ (General outline for first instance ordinary civil proceedings)

የመጀመሪያ ደረጃ መደበኛ የፍትሐብሔር ክርክሮች አካሄድ (General outline for first instance ordinary civil proceedings)

1.   የክስ አቤቱታ (ከሰነድና ከፅሁፍ ማስረጃ እንዲሁም ከማስረጃ ዝርዝር ጋር) ይቀርባል፡
2. ተከሳሹ የመከላከያ መልሱን ይዞ እንዲቀርብ ይታዘዛል፡፡
3. የመከላከያ መልስ (ከሰነድና ከጽሑፍ ማስረጃ እንዲሁም ከማስረጃ ዝርዝር ጋር) ይቀርባል፡፡ 
4. የመከላከያ መልሱ ከቀረበ በኋላ የጽሑፍ ክርክሩ ያቆማል፡፡
5. የጽሑፍ ክርክሩ ከቆመ በኋላ ክሱን ለመስማት ይቀጠራል፡፡
6. በተቀጠረው ቀን ባለጉዳዮች ራሳቸው ወይም ወኪሎቻቸው ይቀርባሉ፡፡ 
7. ባለጉዳች ከፅሑፍ አቤቱታቸው ጋር ያላቀረቡትን የፅሁፍ ማስረጃ ይዘው ይቀርባሉ፡፡  
8. የጽሑፍ ማስረጃ ሁሉ በባለጉዳች ወይም በፍርድ ቤቱ ትዕዛዝ ተጠቃሎ ይገባል፡፡ፍርድ ቤቱ ባለጉዳዮችን ወይም ወኪሎቻቸውን ይመረምራል፡፡ የመጀመሪያ ደረጃ መቃወሚያ ከቀረበ ውሳኔ ይሰጥበታል፡፡
9. በተደረገው ምርመራ ተከሳሹ የቀረበበትን ክስ ካመነ ወዲያውኑ ውሳኔ ይሰጣል፡፡
10.  ተከሳሹ የቀረበበትን ክስ ካላመነ የክርክሩ ጭብጥ ይያዛል፡፡
11.  ጭብጡ ከተመሠረተ በኋላ ክርክሩን መስማትና ማስረጃ መመርመር ይቀጥላል፡፡
12. ለሁለቱም ወገን ምስክሮች መጥሪያ ይላካል፡፡
13. የሁለቱም ወገን ምስክሮች ተሟልተው ይቀርባሉ፡፡
14. ከሳሹ (በተወሰኑ ሁኔታዎች ተከሳሹ) ሙግቱን ይከፍታል፡፡
15. ሙግቱን የጀመረው ወገን ምስክሮቹ የሚመሰክሩለትን ነጥብ በአጭሩ ያስረዳል፡፡
16. ምስክሮች እውነት ለመናገር ይምላሉ ወይም እውነት እንደሚናገሩ ያረጋግጣሉ፡፡
17. ሙግቱን የጀመረው ሰው ምስክሮቹን አንድ በአንድ አቅርቦ ዋና ጥያቄ ይጠይቃል፡፡ ፍርድ ቤቱ በማንኛውም ሰዓት አስፈላጊ የሆነ ጥያቄ ይጠይቃል፡፡
18.  ሙግቱን የከፈተው ወገን ምስክሮቹን አሰምቶ ከጨረሰ በኋላ ለሌላኛው ወገን ምስክሮቹን የሚያስረዱለትን የመከላከያ ነጥብ በአጭሩ አስረድቶ በተመሣሣይ ሁኔታ ምስክሮቹን ያሰማል፡፡
19.  ማስረጃ የመስማቱ ሂደት ሲጠናቀቅ ግራ ቀኙ የመዝጊያ ቃላቸውን ይሰጣሉ
20.  በመጨረሻም ፍርድ ቤቱ የፍርድ ውሳኔውን ይሠጣል

 ፍርድ

1. የማስረጃ መሰማት ሥርዓት ተጣርቶ ካለቀ በኋላ ተከራካሪ ወገኖች የመዝጊያ (የማጠቃለያ) ቃላቸውን ይሰጣሉ፡፡ ሙግቱን የጀመረው ወገን መጀመሪያ ስለ ክርክሩ አጠቃላይ የመዝጊያ ቃሉን ይሰጣል፡፡ ከዚያ ሌላኛው ወገን ስለ ክርክሩ ያለውን አስተያየት በመዝጊያ ቃል ያቀርባል፡፡ በመጨረሻም ክርክሩን የጀመረው ወገን ለክርክሩ ያለውን ጠቅላላ የመዝጊያ ሐሳብ ያቀርባል
2. የማስረጃ መሰማት ሥርዓቱ ተጣርቶ ካለቀና ከላይ የተጠቀሰው የመዝጊያ ቃል ከተሰጠ በኋላ ፍ/ቤቱ የፍርድ ውሳኔ ይሰጣል (ቁ.273)፡፡
3. ለፍርድ ውሳኔው መሠረት ሊሆኑ የሚችሉ ማስረጃዎች፤

1. የምስክሮች ቃል (ባለጉዳዮቹ አቅራቢነት ወይም በፍ/ቤቱ ትዕዛዝ ቀርበው ቃላቸውን የሰጡ፣ በምትክ ዳኛ የተሰበሰቡ የምስክሮች ቃል ወይም ከፍ/ቤት ውጪ በመሃላ የተሰጡ የምስክሮች ቃል)፣

2. በኤክስፐርቶች የተሰጡ ማረጋገጫዎች፣

3. በባለጉዳዮቹ ወይም በፍ/ቤት ትዕዛዝ የቀረቡ የፅሑፍ ማስረጃዎችና ሰነዶች፣

4. በምትክ ዳኛ የተሰበሰቡ ሌሎች ማስረጃዎ፣

5. ባለጉዳዮች በፅሑፍ ወይም ፍርድ ቤቱ በሚመረምራቸው ጊዜ የሚሰጧቸው የእምነት ቃላት፣

6. ፍ/ቤቱ በቁ.272 መሠረት ባደረገው ምርመራ የተገኙ መረጃዎች፣

7.  የታወቁ ጉዳዮች (Judicial notice)፣

8.  በሕግ የተወሰደ የህሊና ግምት (Legal presumption)፣

9.  ያንድን ነገር አፈጣጠርና ሂደት ማሳያ (Demonstration)፣

10. ፍ/ቤቱ በዓይነት እንዲመለከታቸው የሚቀርቡለት ነገሮች (Exhibits) ሊያጠቃልል ይችላል፡፡

4. የእነዚህ ማስረጃዎች ተቀባይነት (Admissibility) እና እውነተኛነት (Credibility) ፍ/ቤቱ ይወስናል፡፡

5.  ባለጉዳዮቹ ወይም ወኪሎቻቸው የመክፈቻና የመዝጊያ ንግግር ሲያደርጉ ወይም ምስክሮችን በሚመረምሩበት ጊዜ የሚናገሯቸው ቃላት እንደማስረጃ መወሰድ የለባቸውም፡፡

6.  ከላይ በክፍል (ሠ) (3) ከተጠቀሰው ውጪ ዳው ከችሎት ውጭ ያያቸው ወይም የሰማቸው ነገሮች ወይም ያገኛቸው ማስረጃዎች ለውሳኔው መሠረት መሆን የለባቸውም፡፡

7. የቀረበው ክርክር ከተሰማ በኋላ ፍ/ቤቱ ነገሩ እንዳለቀ ወዲያውኑ ወይም በአጭር ቀነ ቀጠሮ በሚወስነው ጊዜ በግልጽ ችሎት ፍርድ መስጠት አለበት (ቁ.180)፡፡

8. የፍርድ አሰጣጥ፣ የውሳኔው አፃፃፍና ፎርም በቁ. 181 እና 183 በተደነገገው መሠረት መሆን አለበት፡፡

9.  በአንድ የፍርድ ሐተታ ላይ የተያዘው ጭብጥ፣ ጭብጡ እንዴት እንደተወሰነና የተወሰነበት ምክንያት መገለፅ አለበት፡፡ በመጀመሪያ ደረጃ የሚሰጥ ፍርድ ለክርክሩ መነሻ የሆነውን ዋነኛ ጉዳይ ባጭሩ የሚገልጽ መሆን አለበት (ቁ.182(1))፡፡

10. የመጀመሪያው ደረጃ ፍ/ቤት ተከራካሪዎቹ ወገኖች በዝርዝር ባላቀረቡት ወይም በግልጽ ባላመለከቱት ጉዳይ ላይ ፍርድ ለመስጠጥ አይችልም (ቁ.182(2))፡፡

11. በክርክሩ ላይ ከቀረቡት ብዙ ጭብጦች አንዱ ጭብጥ ብቻ ቢወሰን ሌሎቹንም ጭብጦች የሚያጠቃልል ከሆነ ክርክሩ ባንዱ ጭብጥ ብቻ ሊወሰን ይችላል፡፡ ካልሆነ ግን እያንዳንዱ ጭብጥ ለየብቻው ውሳኔ ማግኘት አለበት(ቁ.182(4))፡፡

Civil Service Adminstrative Tribunal

This is the series on the DIFFERENT judicial tribunal in Ethiopia.
...........................
The civil service administrative tribunal is another judicial body that engage in adjudication of Civil Servant who are employed permanently by federal government institution. the scope of the law is limited to permanent civil servants and Government Institution that is to mean any federal government office established as an autonomous entity by a proclamation or regulations and fully or partially financed by government budget; included in the list of government institutions to be drawn up by the Council of Ministers. the Federal Civil Servants Proclamation Proclamation No. 515/2007 explain the structure and jurisdiction of the tribunal.

The tribunal is mandate to review Appeal or complaints of employees that are aggrieved by decisions of the head of a government institution. The administrative decisions are to be reviewed by administrative tribunal if  decision given by the Head of a government institution, either orally or in writing, on a recommendation by
disciplinary or grievance handling committee in accordance with the power conferred by law or a decision given by the Head of a government institution without following the required due process.

According to article 74 Administrative Tribunal have been Established. The major power of the Administrative Tribunal, includes to hear,litigates and decides cases brought to it. The Administrative Tribunal shall have chambers, which examine and decide on appeal cases. The proclamation further stressed that the tribunal is organized with different chamber that shall have a chairperson and two members designated by the General Director. The Administrative Tribunal shall have a power, given to an ordinary court under civil procedure code, to execute its own decision, decree , order and the court procedure . Regarding its independence the same article states that it is the Federal Civil Service Agency that decides on its activities. It particularly stressed that the Agency may issue directives relating to the way the judges perform their functions, the code of ethics they should observe, and other related matters.

According to article 75 the Jurisdiction of the Administrative Tribunal includes the power to hear and decide on appeals brought by a civil servant relating to:


1) unlawful suspension or termination of service;
2) being penalized by rigorous disciplinary penalty;
3)an illegal attachment or deduction of his salary or other payments;
4)infringement of his rights arising from an employment injury;
5) except provided in Article 73/7/ of this Proclamation ,cases investigated and decided upon by grievance handling committee
6)matters arising from his request for termination letters and testimonials of service.

The tribunal is barred to adjudicate cases relating to article 73(7).  Disciplinary measures provided under Article 73(7) refers to article 67/1//a/-/c/ which deals with the Types and Classification of Disciplinary Penalties. It particularly states that Depending on the gravity of the offence, one of the following penalties may be imposed on a civil servant for breach of discipline:
a) oral warning;
b) written warning;
c) fine up to one month’s salary;
The above power is given to the Grievance Handling Committee that is established according to article 72 of the proclamation.it particularly states that Any government institution shall establish a
grievance handling committee that conducts grievance inquiry, and submits recommendation to the Head of the government institution.. Furthermore according to article 73 Duties of Grievance Handling Committe includes investigation of complaints lodged by civil servants and submit recommendations especially relating to:-
1) interpretation and implementation of laws
and directives;
2) protection of rights and benefits;
3) occupational safety and health;
4) placement and promotion;
5) performance appraisal;
6) undue influence exerted by supervisors;
7) disciplinary measures provided under Article 67/1//a/-/c/;
8) other issues related to conditions of service.


The proclamation under article 76 states that the Administrative Tribunal may, after hearing the appeal, confirm or reverse the decision or vary the decision in favor of the appellant. Further the decision of the Administrative tribunal on question of facts shall be final; provided, however, that any one of the parties may appeal to the Federal Supreme Court on question of law within 30 days from the date of the decision of the Administrative Tribunal.

The proclamation under article 77 deals with the Execution of decision. it partiicularly affirms that Any government institution against which a decision is given by the Administrative Tribunal shall have the obligation to immediately execute the decision.Where the beneficiary of a decision pleaded that the decision of the Administrative Tribunal given in accordance with Article 76 of this Proclamation is not executed within 30 days, the Administrative Tribunal shall execute the decision.The Head of the government institution who failed to execute the decision of the Administrative Tribunal shall be liable for the damage sustained by the institution and the civil servant.
@legal advice and research in Ethiopia

trade practice and consumer protection tribunal

Proclamation No. 329/2003 Trade Practice Proclamation that has established trade practice Commission was established at a Federal level was replaced with new Proclamation No. 685/2010 entitled  Trade Practice and Consumers’ Protection Proclamation. the objectives of law includes: 

1/ protecting consumers rights and benefits;
2/ ensuring the suitableness of the supply of goods and services to human health and safety and installing a system of follow up;
3/ ensuring that manufacturers, importers, service dispensers and persons engaged in commercial activities in general carry on their activities in a responsible way;
4/ preventing and eliminating trade practices that damage the interests and goodwill of business persons;
5/ accelerating economic development.

the previous proclamation established trade practice commission but the new proclamation replaced with the commission with independent judges to be appointed by the prime minster and make it under article 33  INDEPENDENT. it particularly states that the trade practice and consumer protection AUTHORITY is underlined as free from any interference  or direction by any person with regard to the  cases it adjudicates.

According to article 34 of the proclamation POWERS AND DUTIES OF THE AUTHORITY includes following powers and duties: 

1) takes appropriate measures to increase  market transparency;
2) takes appropriate measures to develop public awareness on the provisions of this proclamation and implementation;
3) receives and decides on merger notifications;
4) makes study and research in connection with commercial competition and consumer interests and rights;
5) regularly announces to consumers goods banned by government or internationally from being consumed or sold;
6) organizes various education and training fora and provides education and training in order to enhance the awareness of
consumers;
7) ban advertisements of goods and services which are inconsistent with health and safety requirements or with this Proclamation when it is aware of them by itself or when it is reported to it by any person,and order the issuance of announcements of corrections for such advertisements, in the methods the advertisements were made at the expense of the person in whose interest they were  made;
8) ensure that the interests of consumers have got proper attention;
9) protect consumers from unfair activities of business persons and from unfair prices of goods and services aimed at obtaining unjustifiable profit;
10) take administrative and civil measures against business persons or other persons on violation of this Proclamation;
11) give necessary advice and support to branch offices to be established;
12) establish relationship and cooperation with national, continental and international bodies having similar objectives;
13) own property, enter into contracts, sue and be sued in its own name;
14) perform such other duties as may be defined by law and undertakes other activities necessary for the attainment of its objectives;
15) determine the employment, administration and dismissal of the staff of the authority in accordance with federal civil  servants Proclamation.
16) initiate policy issues, participate on policy  and strategy drafting undertakings by other organs of government.

furthermore the proclamation under article 35 the authority through it tribunal composed of judges that are selected by the prime minster have JUDICIAL POWER AND DUTIES which includes:- 

1) The Authority, based on applications  submitted to it on violations of this Proclamation, adjudicates, impose administrative and civil sanctions, and gets complainants compensated for damages they
sustained.
2) Without limiting the generality of sub article (1) of this Article, the Authority shall have the following judicial powers and duties:
a) conduct adjudication on acts of violation prohibited under this Proclamation and provisions stated in other laws which have relevance to the case or regulations or public notices issued to implement this Proclamation and where the acts are
committed to take correctional or other appropriate administrative or civil measures;
b) commission any person for the submission of information and documents that are necessary to conduct its adjudicative duty;
c) summon witnesses to appear and testify before the adjudicative tribunal;
d) take affidavits or verification and makes examinations accordingly;
e) execute civil or administrative decisions it passes and order police or any appropriate organ for their execution.
3) The Authority may take the following administrative and civil measures as it finds appropriate, against any person who violated the provisions of this Proclamation or regulations or public notices issued to implement this Proclamation:
a) order the discontinuation or injunction of the act pronounced inappropriate;
b) order the payment of compensation to the person affected by the act including taking any other appropriate measure that enables to reinstate the victims competitive position;
c) suspend or cancel business licenses;
d) order the payments of compensation to consumers for damages they have sustained;
e) order the seizure and/ or selling of goods
4) When the Authority knows or believes that the offences provided in this Proclamation are committed, it shall, together with its evidential findings and opinion, submit to the public prosecutor in charge of examining and determining the case.
5) The Authority shall execute decisions passed by the trade practice investigation commission that was established pursuant to  the trade practice proclamation No.329/2003.

in addition under article 48 RESPONSIBILITIES AND FUNCTIONS OF THE FEDERAL AND REGIONAL STATE COURTS are empowerd to review the decisions of the tribunal;-  
1) Federal and regional state courts shall organize trade practice and consumer protection divisions in order to expedite the trade practice and consumer protection activities.
2) Divisions organized pursuant to sub article (1) this Article shall have power to adjudicate and pass decisions on criminal violations
stated under Article 49 of the Proclamation.

according to article 41 of the proclamation the mechanism and parties who can institute ACTIONS are listed

1) By stating the provisions of Part Two of this Proclamation have been violated, any person who is concerned with the application of this Part may apply to the Authority for adjudication or for his right to be protected.
2) Consumers may institute actions for adjudication to protect their rights provided for under this Proclamation at the Authority or at regional state consumer protection body.
3) Any person including the Ministry of trade  may institute action at the Authority for administrative or civil measures to be taken
against violators of the provisions of this Proclamation
4) The provisions of the Criminal Code of the Federal Democratic Republic of Ethiopia on discontinuance and extinction of prosecution and penalty shall apply to criminal penalty provisions
of this Proclamation.
5) Civil or administrative action to be instituted
under sub article (1) of this Article shall be barred if not instituted with in six months from the happening of the cause of action.
6) Civil or administrative action to be instituted under sub article (2) of this Article shall be barred if not instituted with in one month from the happening of the cause of action.

as to the application of the procedural laws by the tribunal it is stated under article 40 that In conducting adjudication the Authority shall apply civil and criminal procedure laws of the Federal Democratic Republic of Ethiopia. further more unlike the appointment of ordinary courts the proclamation under article 39 (3) states that Judges working in the consumer rights protection judicial bodies to be established by the regional states shall be appointed by the  presidents of the regional states. 

the right to APPEAL by ordinary courts is guaranteed; Any person aggrieved by adjudicative decision of the Authority may appeal to the Federal High Court with in sixty days from the date of the
decision of the Authority 

in sum the proclamation under article 22 stressed the THE RIGHT OF CONSUMER as follows:-

1) get sufficient and accurate information or explanation on the quality and type of goods and services he purchases;
2) selectively buy goods or services;
3) not to be obliged to buy for the reasons that he looked into quality or options of goods and services or he made price bargain;
4) be received humbly and respectfully by any business person and to be protected from such acts of the business person as insult, threat, frustration and defamation;
5) submit his complaints to the Trade Practice and Consumers Protection Authority for adjudication; and
 6) be compensated for damages he suffers because of transactions in goods and services.

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