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DECREE No. 52 OF 1965
THE CIVIL PROCEDURE CODE DECREE
CIVIL PROCEDURE CODE
OF THE EMPIRE OF ETHIOPIA
OF
NEGAIUT GAZETA - EXTRAORDINARY ISSUE No. 3 OF 1965
ADDIS ABABA. 1965
DECREE No. 52 OF 1965
THE CIVIL PROCEDURE CODE DECREE
CONQUERING LION OF THE TRIBE OF JUDAH
HAILE SELLASSIE I
ELECT OF GOD, EMPEROR OF ETHIOPIA
WHEREAS it is desirable that further and better provisions be made
regarding the administration of justice in civil matters:
NOW THEREFORE, in accordance with Article 92 of Our Revised
Constitution and on the advice of Our Council of Ministers We hereby
decree as follows:
1. This Decree may be cited as .. The Civil Procedure Code Decree,
1965". .
2. The Civil Procedure Code of 1965shaH oc published in a separate
volume appearing as Extraordinary Issue No.3 of 1965 of the Negarit
Gazeta.
3. All rules, whether written or customary, previously in force con-
cerning matters provided for in the Civil Procedure Code of 1965 shall
be replaced by this Code and are hereby repealed.
Done at Addis Ababa, this 8th day of October, 1965
TSAHAFE TAEZAZ AKLILU HABTE WOLD
Prime Minister and Minister of Pen
PRELIMINARY
AlL 1.- Scope of application
(1) The provisions of this Code shali apply from the day of its co-
ming into force to all suits pending on such day and instituted
thereafter.
(2) Any suit pending on the coming into force ot this Code shall be
oompleted by the court having jurisdiction under the law re-
pealed by this Code, notwithstanding that such court is not men-
tioned in this Code.
Art. 2- Periods of time
(1) Where periods of time have expired prior to the coming into
force of this Code, nothing in this Code shall revive them.
(2) Where periods of time have been introduced by this Code, they
shall run from the day of the coming into force of this Code.
(3) Where periods of time have been extended by this Code, the
periods provided for by this Code shall apply but the time hav-
ing run prior to the coming into force of this Code shall be
deducted.
(4) Where periods of time have been shortened by this Code, the
periods provided for by the law repealed by this Code shall con-
tinue to run on the coming into force of this Code.
Art. 3- Interpretation
In this Code, unless th~ context otherwise requires, the following
terms and expressions shall have the following meaning:
"affidavit" shall mean a statement of facts in writing lawfully sworn or
affmned ;
"court" shall mean a court established by law;
"decree" shall mean the formal ~xpression of any preliminary or final
adjudication which, so far as concerns the court expressing it, con-
clusively determines the rights of the parties concerning all or any
of the matters in dispute in the suit;
"decree-holder" shall mean any person in whose favour a decree has
been passed or an order capable of execution has been made and shall
include the transferee of a decree;
2 CIVIL PROCEDURE CODE
"execution officer" shall mean any judge, oflicer of any court or ltny
other person appointed by the Minister of Justice to execute decre~s;
"foreign court" shall mean a court situate outside Ethiopia;
"foreign judgment" shall mean the judgment of a foreign court;
"government pleadef' shall include:
a) any officer appointed by the government to perform all or any
of the functions imposed by this Code on the government plea-
der; and
b) any pleader acting under the directions of the government pleader;
"judgment" shall mean the statement given by a court of the grounds of
a decree or order;
"judgment-debtor" shall mean any person against whom a decree has
been passed or an order capable of execution has been made;
"law" shall include proclamations, decrees, orders and any subsidiary
legislation made thereunder;
"legal representative" shall mean any person who in law represents a
person under disability or the estate of a deceased person;
"mesne profits" of property shall mean those profits which the person
in wrongful p<Jsse;ision of such property actually received or migbt
with ordinary diligence have received therefrom. together with in-
terest ort such profits, but shall not include profits due to impro-
vements made by such person;
"order" shall mean the formal expression of any decision of a court
which is not a decree;
"person under disability" shall mean any person who is not capable
under the law;
"pleader" shaH mean an advocate and shall include any person enti-
tled to appear and plead for another;
"prescribed" shall mean prescribed by regulations under this Code;
"registtar'. shall mean the registrar 01'assistant registrar of a court and
shall include any clerk of court assigned by the registrar to carry
out all or part of the duties of a registrar;
"shate in a corporation" shall be deemed to include stock, debenture
stock, debentures or bonds.
CIVIL PROCEDURE COOl 3
