Addis Ababa University

School of law

Statement of claim and defenceIndividual Assignment For the course Advocacy law

Student’s name Shamil Ebrahim

ID No SSHR/1910/12

Submitted to: Emishew T (instructor)

December 16, 20
 Date 5/12/2015

To Federal First instance court

Bole division civil bench

Addis Ababa

Plaintiff

Ato Zinash Alemu : Address Oromia Regional State , Shashamane kebele 01

Defendent: Ato Kadir Hasen: the heir of w/ro Fate Omar

Address: Addis Ababa, Ledeta 04

Title of action: This suit is submitted to claim ETB 700,000 /seven hundred thousand birr/ that I credited
to w/ro Fate Omar (the successor of the defendant) on April 5/2020 in Addis Ababa.

A. The court has power to entertain the case according to article 14 of proclamation
No.1234/2021
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 suitThe 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 o

Relief the plaintiff seeking for

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. 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.

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.
 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.

Ato Aregawi Asgedom Address addis ababa, Lideta woreda 4

Ato Suleyman Salah address Jima kevele 02

W/ro Yene Demelash address addis ababa, Arada Woreda 5

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.

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.

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. 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 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

2.1 Even though all the above preliminary objections can’t 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.Date 16/12/2015 Civil suit
No.12001/2015To Federal First instance court Bole division civil benchAddis 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.My birthday certificate is
attached to show that I am in capable of minority only 13 years old.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.