A brief note on Period of Limitation in Civil Cases According To Ethiopian Law.
Period of Limitation in Civil Cases According To Ethiopian Law
Do you want to know about the common period of limitations found in the Ethiopian legal
system? Below you will find them.
For those who don?t know period of limitation, here is the definition of Period of limitation.
It means when a person who can be a plaintiff or a defendant has a time limit for raising or
presenting a question. Below you will find list of period of Limitations listed under the
Ethiopian civil code.
1. In contract law
According to Article 1845 of the civil code any person who wants the performance of a
contract or has incurred loss due to the non-performance of a contract shall exercise his
right to ask within ten years.
2. Non-contractual obligations
According to Article 2143 of the civil code cases of non-contractual obligations have two
years period of limitation. However, if the case leads to a criminal liability and if the
crime has a period of limitation more than two years, the time fixed for asking
compensation shall be substituted by the period of limitation of the crime.
There are various period of limitations in case of succession. One of them is for
annulment of a will. if there are parties who want the annulment of a will, they can do so
by expressing their wish within two weeks time after the reading or from the time they
came to know that the will has been read, to the liquidator within the coming months
and in any case it should not be more than 5 (five) years (Article 973 & 944).
The other one is in relation to cases of unlawful possession of property. So in case of
unlawful possession of property in succession, the plaintiff who sues the defendant for
restitution of the property must do so within 3 (three) years from the time one
recognized the fact that the property is in the defendant?s hand. Other than this whether
the plaintiff knew or didn?t know of the fact that the property was in the hands of the
defendant does not give him right to claim the property, if 15 years has passed from the
time the deceased died or from the time the plaintiff) came to acquire his right (Article
4. Property law
If a person?s possession is taken or there is disturbance on his possession, the person can
institute a case or complaint for the return of the property within 2 years only. Art
5. Labor law
Ø Labor law proc-377/2003 Art 162 states that if an employee says the employment
agreement is terminated unlawfully, he can ask for re-employment within 3 months
from the termination of the contract.
Ø Fees, bonus and other payments must be asked within six months from the
termination of the contract.
Ø If any kind of payment question arises regarding the termination of employment
contract by either the employee or employer it must be instituted with in six months
of the termination.
Ø Issues related with employment contract other than the above must be instituted
within one year from the termination of the contract
6. Civil procedure
In civil procedure code there are rules incorporated regarding period of limitation.
After a judgment is given, in civil cases, an appeal must be instituted within 60 days (Art
323(2) But if is an employment dispute then the appeal must be made within 30 days.
If you have an additional question or comment please Contact us.
Any pertinent information about investment in Ethiopia, tax in Ethiopia, can be available
from an Ethiopian Lawyer, Ethiopian Investment Lawyer, Ethiopian Tax lawyer, Ethiopian, Ethiopian
Employment Lawyer, Ethiopian Labour Relationships Lawyer, Ethiopian Immigration lawyer.