Litigation in Ethiopia
Ethiopia is the second most populous country in Africa, with over 114 million people and one of the fastest growing economies in the world. But a lot of Americans are unfamiliar with its legal system and the practice of law in the country.
Finding someone to help explain litigation practice in Ethiopia was a little different than finding attorneys for some of my other interviews. This is because, unlike many other countries, attorneys in Ethiopia generally do not focus their practices either exclusively on disputes or exclusively on transactional work. But I was fortunate enough to speak with Getnet Yawkal, an attorney in Addis Ababa, to tell me about his work representing clients in commercial disputes.
Please tell me about the different kinds of matters you handle in your legal practice.
Ethiopian lawyers are not specialized and can handle a wide variety of disputes.
Mostly I prefer to work in the advisory sector of the legal service, but I also have handled commercial, intellectual property, contractual, criminal, succession, and other related matters.
What type of clients do you generally represent in disputes?
I represent both individuals and businesses, and all come from different sectors of the industry.
Besides Microsoft Office, what software do you use in your practice?
Generally just Microsoft software.
What books and websites do you use for legal research?
There are different local websites where I use to search for laws and research books (e.g., chilot.me), and I use articles written by scholars in Ethiopia and cassation court decisions.
Is it true that Ethiopian courts do not allow lawyers to file documents online?
Yes, but there is a new trend where court registrars are asking for a soft copy of the statement of claim when we file cases.
Generally speaking, how many pages are the complaints or initial pleadings you see in your work?
Most people file three to four pages, but mine can go from five to seven pages. These documents are not publicly available.
Generally speaking, how long does it take for a case to go from complaint to judgment?
It depends on the type of claim you present to the court. For example, labor cases only take short time to get judgment. But in general, most cases can take up to two years in one court.
Is there a specialized court in Ethiopia that only hears commercial cases?
Yes there is a specialized court that hears commercial cases. But the commercial courts do not have different rules from other civil benches; they were only formulated to speed up the justice process.
Who decides the facts in a commercial case? Is it a judge or a jury?
There is no jury system in Ethiopia; thus, all points of fact and law are going to be decided by the judge.
Generally speaking, how is evidence exchanged between the parties before trial?
The parties or their pleaders shall produce, at the first hearing of the suit, all the documentary evidence of every description in their possession or power, on which they intend to rely. They must also list down the details thereof, including the names and address of the witnesses, while filing their statement of claim or statement of defense in the court. They do not, however, need to identify the documents they intend to use for cross-examination of the defendant's witnesses, or in anticipation of their adversary’s counter-claims, or to hand to a witness merely to refresh his/her memory.
In appellate courts, the parties to an appeal shall not be entitled to produce additional evidence in the Court. But additional evidence may be submitted where the court from whose decree or order the appeal is preferred has refused to admit evidence which ought to have been admitted.
Do you get to interview the opposing witnesses before the trial?
Interviewing witnesses from the other side before trial is not allowed. You can only cross examine them at trial.
If you win does the other side reimburse your attorney’s fees?
In the relief part of either the statement of claim or statement of defense, we usually ask the court to order the other side to reimburse all costs and expenses including attorney’s fees. But according to the Federal Supreme Court of Ethiopia Cassation Bench Decision No. 91103 (Vol. 15), courts shall order reimbursement of costs and expenses, including attorney’s fees related to the case, only if the judgment creditor entered into the suit for reasons related to the bad faith of the judgment debtor
Are the Ethiopian Courts open to the public? Can ordinary people watch a commercial trial?
In general, all courts in Ethiopia are open to the public, but the court may also hear cases in a closed session only with a view to protecting the right to privacy of the parties concerned, public morals, and national security.
Do you believe that Ethiopian Courts have a particular strength for resolving commercial disputes? How about weakness?
Except for the cases related to shortage of human resource e.g. judges and lack of expertise or specialty on each specific commercial case, I am of the view that the Ethiopian courts do have the capacity to handle commercial disputes.
How often do you go to the courthouse? When you are there, do you need to wear a special robe or wig?
I usually prefer to engage myself in advising clients and drafting documents that would avert disputes, but sometimes you will be forced to represent your clients and appear before court of law.
Attorneys in Ethiopia are required to wear a black gown while appearing in court of law.