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Title:Reciprocity with Respect to Enforcement of Foreign Judgments in Ethiopia: A Critique of the Supreme Court's Decision in the Paulos Papassinous Case
Author:Teshale, Samuel
Periodical:African Journal of International and Comparative Law
Geographic term:Ethiopia
Subjects:international law
private law
Law, Human Rights and Violence
international relations
External link:http://www.heinonline.org/HOL/Page?handle=hein.journals/afjincol12&id=585&collection=journals&index=journals/afjincol
Abstract:The legal instruments specifically dealing with enforcement of foreign judgments in Ethiopia are the Ethiopian Civil Procedure Code of 1965 and the Federal Courts Proclamation of 1996. Among the various requirements laid down for granting execution to foreign judgments, the focus, in this article, is on the reciprocity rule stipulated under article 458(a) of the Civil Procedure Code. In particular, the article examines how the Ethiopian Supreme Court applied this provision in the Paulos Papassinous case, 1987. The author argues that the Supreme Court's holding that only a treaty of judicial assistance shall prove the existence of reciprocity is erroneous both as a teleological and a textual interpretation of article 458(a). Moreover, that interpretation can result in jeopardy to the interests of Ethiopia and its citizens. App., notes, ref.