Professional Documents
Culture Documents
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Date 5/12/2015
Addis Ababa
Plaintiff:
Defendant :
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Relief the plaintiff seeking for:-
2.1 The defendant is the heir of the deceased so, I am requesting the court to order him to pay me
back my ETB 500,000 that it was transferred to him through succession from W/ro Hilina
Mengistu based on the federal revised family code and the civil code.
2.2 I am also requesting to the court to order the defendant to pay me back the interest of
money 9% annually. Starting from the second of April 2012. That is a total amount of
Money ETB 135,000 calculated as 45000 per year times 3 years.
2.3 I am also requesting the court to order the defendant to pay me court fee, attorney fee that I lost
trough the court of litigation.
I am verifying that this suit is truly framed based on article 92 of the civil procedure code.
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Date 5/12/2015
Addis Ababa
Plaintiff:
Defendant :
I am verifying that this suit is truly framed according to article 92 of the civil procedure code.
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Date 16/12/2015
Addis Ababa
Defendant :Minor Simon Abebe the heir of W/ro Hilina Mengistu Address:
Addis Ababa lideta kebele 04
Preliminary objection and defense to a civil suit No.12001/2015 written on
5/12/2015 claiming money amount of ETB 500,000 /five hundred thousand birr/
that the plaintiff said to have owed to w/ro Hilina Mengistu.
1. Preliminary objection.
1.1 The Court has no power to entertain the case according to article 14 of proclamation
No.25/1996. Because of lack of material jurisdiction to entertain this case since the
amount is said to be ETB 500,000 /five hundred thousand birr plus 9% interest
starting from the due date. A total of ETB 635,000 (six hundred thirty five thousand
birr) is beyond the jurisdiction of the court.
1.2 I (the defendant) have no judicial capacity to entertain any case because of minority
since I am only 13 (thirteen) years, old according to articles 215 and 216 of the
federal revised family code. Therefore, I am requesting the court to strike out the suit
1.3 The contract of loan as indicated in the suit was made on April 5, 2002 and the due
date is April 1, 2012 .the period of limitation which is to be two years according to
article 2024 of the civil code is expired and I could not be named liable.
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2.1 Even though all the above preliminary objections cant be accepted, the plaintiff in his claim
indicates that he has four personal witness that can testify him if he is the creditor of w/ro Hilina
Mengistu the amount of money ETB 500,000 /five hundred thousand birr/. However, such
amount of money should not be transacted without written document that is not authenticated
and not witnessed. Therefore, I am requesting the court to say this is invalid contract and set me
free of liability.
2.2 In the declaration of succession, I and other five my co-heirs took our portions. And even if I
am named liable to pay; the other co-heirs should be included in the suit. I may be liable only
my portion that is ETB 100,000 (One hundred thousand birr only) that is 1/5 of the indicated
amount of loan. Therefore, I am requesting the court to say this claim is subject to arbitration.
I am verifying that this objection and defense is truly framed according to article 92 of the civil
procedure code.
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Date 16/12/2015
Addis Ababa
Defendant :Minor Simon Abebe the heir of W/ro Hilina Mengistu Address:
Addis Ababa lideta kebele 04
I have attached the annex according to article 243 of the civil procedure
code.
I am verifying that this annex is truly framed according to article 92 of the civil
procedure code.
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