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Addis Ababa University

School of law and Governance


Statement of claim and defence

Individual Assignment For the course civil procedure law

Student’s name Kidanemaryam Girmay:

ID No LGE/9018/07 .4th year evening class

Submitted to: Yoseph (instructor)

December 16, 2015

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Date 5/12/2015

To Federal First instance court

Bole division civil bench

Addis Ababa

Plaintiff:

Ato Jimma Abababiya ፡Address፡ Oromiya reginal state, jimma kebele 01

Defendant :

Ato Simon Abebe ፡ the heir of W/ro Hilina Mengistu

Address: Addis Ababa, Lideta wereda 04


Title of action: This suit is submitted to claim ETB 500,000 /five hundred
thousand birr/ that I credited to w/ro Hilina Mengistu (the successor of the
defendant) on April 5/2002 in Addis Ababa.
A. The court has power to entertain the case according to article 14 of proclamation
No.25/1996.
B. The suit is set according to articles 222 and 223 of the civil procedure code,there was no
pleading before other court.
C. The plaintiff and the defendant have judicial capacity, rights and duties.
D. The plaintiff will attend the suit myself or by legal representative as its necessity.
E. The plaintiff will serve the summons.

The particular disclosure of the suit

1. The issue of the claim is payment of money amount ETB 500,000(five hundred thousand
birr) that I credited to w/ro Hilina Mengistu, the successor of Ato Simon Abebe on the
fifth of April 2002 to pay me back on the first of April 2012. Since ato Simon is the heir
of the deceased w/ro Hilina Mengistu and all her property, a villa worth of ETB
1,000,000 (one million birr) and her Track vehicle worth of 570,000 (five hundred
thousand birr) are in his ownership. The defendant is also administering other movable
properties of the deceased.

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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

To Federal First instance court

Bole division civil bench

Addis Ababa

Plaintiff:

Ato Jimma Abababiya ፡Address፡ Oromiya reginal state jimma kebele 01

Defendant :

Simon Abebe ፡ the heir of W/ro Hilina Mengistu

Address: Addis Ababa , Lideta wereda 04


I have attached the annex according to article 223 of the civil procedure
code.
2.I have listed names of five witnesses who have seen that I have credited ETB 500,000(five
hundred thousand birr) to w/ro Hilina Mengistu on the date specified above.

1. Ato Aregawi Asgedom Address addis ababa, Lideta woreda 4


2. Ato Suleyman Salah address Jima kevele 02
3. W/ro Yene Demelash address addis ababa, Arada Woreda 5
4. W/ro Meron Kibatu Adress Addis ababa ,Bole Woreda 10

I am verifying that this suit is truly framed according to article 92 of the civil procedure code.

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Date 17/01/2024

Civil suit No.12001/2014

To Federal First instance court

Bole division civil bench

Addis Ababa

Plaintiff: Ato Johnny Gizaw Anderson ፡ Address፡ Oromiya reginal state jimma
kebele 01

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.12001/20 24 written on
17/01/2024 claiming cancellation of the contract and adequate compensation for
damage resulting from non-performance

1. Preliminary objection.

1.1. I (the defendant) have no judicial capacity to entertain any case because of
declaration of Notoriety of insanity by court, according to articles 352 of civil coded.
Therefore, I am requesting the court to strike out the suit

2 .Defence of the suit

2.1 Even though the above preliminary objection can’t be accepted, the plaintiff in his claim
indicates that he has to be Compensated of Ethiopian birr( 69,100,000 ETB) Which is very high
amount to as to assessment of damage, so i require the court to make it fair.

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2.2 In the performing of the contract, as the plantiff has also mentioned i have performed some
part of my obligations. And even if I am named liable to pay; he the plentiff is also liable for the
part i have performed. 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.

Date 16/12/2015

Civil suit No.12001/2015

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To Federal First instance court

Bole division civil bench

Addis Ababa

Plaintiff: Ato Jimma Abababiya ፡

Address፡ Oromiya reginal state jimma kebele 01

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.

1. My birthday certificate is attached to show that I am in capable of minority


only 13 years old.
2. Succession certificate issued by the Federal First instance court Lideta civil
bench is attached to show that we are 5 co-heirs of w/ro Hilinina Mengistu.

I am verifying that this annex is truly framed according to article 92 of the civil
procedure code.

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