Addis Ababa University

School of law and Governance

Statement of claim and defence

Individual Assignment For the course civil procedure law

Students 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 16/12/2015

Civil suit No.12001/2015

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
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.

2 .Defence of the suit

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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

Civil suit No.12001/2015

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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