Ethiopian Legal Brief

New Federal Supreme Court Cassation Decisions (Volume 11 & 12)

Cassation Decisions volume 11

 

   DOWNLOAD Cassation Decisions Volume 11

 

 

 

 

 

Cassation Decisons Volume 12

DOWNLOAD Cassation Decisions Volume 12

 

 

 

 

 

 

It took almost a year for the Supreme Court to officially release its Cassation decisions  which are suppose to be binding on all lower courts in Ethiopia on similar cases requiring interpretation of the law. All these decisions, compiled in two volumes (volume 11 and 12) include decisions rendered in the previous year i.e. 2003 Ethiopian calender. Delay of Publication has been and is still continuing to be one of the major setbacks for the proper application of the rule of precedent in Ethiopia. It also raises some serious legal issues as the binding effect of a cassation decision not officially published is not clear.The Federal Courts Proclamation Re-amendment Proclamation No.454/2005, which makes Interpretation of a law by the Federal Supreme Court rendered by the cassation division with not less than five judges binding on federal as well as regional courts, simply imposes on the Federal Supreme Court a duty to publish decisions of the cassation division that contain binding interpretation of laws to all levels of courts and other relevant bodies, without indicating whether decisions are still binding before the time of publication.

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