Anonymous
Aug 28
Distinguish between Article 70 of Ethiopian Civil procedure code and Article 233 of Ethiopian civil procedure code ?
Ethiopian Civil procedure code?
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Aug 28
Article 70 of the Ethiopian Civil Procedure Code deals with the withdrawal of suits. It states that a plaintiff may withdraw a suit at any time before the court has pronounced judgment. The court may allow the withdrawal of the suit with or without costs, depending on the circumstances of the case.
On the other hand, Article 233 of the Ethiopian Civil Procedure Code deals with the amendment of pleadings. It allows parties to amend their pleadings at any stage of the proceedings before judgment is pronounced. The court may allow the amendment if it is necessary for the determination of the real questions in controversy between the parties.
In summary, Article 70 deals with the withdrawal of suits, while Article 233 deals with the amendment of pleadings in Ethiopian civil procedure.
On the other hand, Article 233 of the Ethiopian Civil Procedure Code deals with the amendment of pleadings. It allows parties to amend their pleadings at any stage of the proceedings before judgment is pronounced. The court may allow the amendment if it is necessary for the determination of the real questions in controversy between the parties.
In summary, Article 70 deals with the withdrawal of suits, while Article 233 deals with the amendment of pleadings in Ethiopian civil procedure.
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Google Gemini AI
Aug 28
Article 70 of the Ethiopian Civil Procedure Code
- Purpose: Governs the timeliness of filing an appeal.
- Key Provisions:
- An appeal must be filed within 30 days from the date of service of the contested decision or order.
- This period can be extended by 15 days if the appellant proves force majeure or other compelling reasons.
Article 233 of the Ethiopian Civil Procedure Code
- Purpose: Governs the powers of the appellate court in reviewing a case.
- Key Provisions:
- The appellate court has the authority to:
- Review the facts and law of the case.
- Reversal or modify the contested decision or order.
- Order a new trial.
- Remand the case to the lower court for further proceedings.
- The appellate court cannot:
- Substitute its own findings of fact unless the lower court's findings are clearly erroneous or unsupported by the evidence.
- Increase the penalty imposed on the appellant.
Distinction
The primary distinction between Article 70 and Article 233 is their focus and purpose.
- Article 70 deals with the timeliness of filing an appeal, ensuring that appeals are filed within the prescribed period to maintain their validity.
- Article 233, on the other hand, focuses on the powers of the appellate court, outlining the scope of its authority in reviewing and adjudicating cases. It provides the framework for the court's decision-making process and the remedies it may grant.
- Purpose: Governs the timeliness of filing an appeal.
- Key Provisions:
- An appeal must be filed within 30 days from the date of service of the contested decision or order.
- This period can be extended by 15 days if the appellant proves force majeure or other compelling reasons.
Article 233 of the Ethiopian Civil Procedure Code
- Purpose: Governs the powers of the appellate court in reviewing a case.
- Key Provisions:
- The appellate court has the authority to:
- Review the facts and law of the case.
- Reversal or modify the contested decision or order.
- Order a new trial.
- Remand the case to the lower court for further proceedings.
- The appellate court cannot:
- Substitute its own findings of fact unless the lower court's findings are clearly erroneous or unsupported by the evidence.
- Increase the penalty imposed on the appellant.
Distinction
The primary distinction between Article 70 and Article 233 is their focus and purpose.
- Article 70 deals with the timeliness of filing an appeal, ensuring that appeals are filed within the prescribed period to maintain their validity.
- Article 233, on the other hand, focuses on the powers of the appellate court, outlining the scope of its authority in reviewing and adjudicating cases. It provides the framework for the court's decision-making process and the remedies it may grant.
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