Selected Decisions from the Federal Supreme Court Cassation Bench:

Gizachew Silesh Chane

doi:10.20372/bdujol.v12i1.1222

Gizachew Silesh Chane Editor-in-Chief

DOI: https://doi.org/10.20372/bdujol.v12i1.1222

Keywords: Cooperative society, membership

Abstract

This case pertains to dispute reagrading membership to Cooperative Societies for Housing and the consequence of change of residence on membership status. The applican was a member of Maranata Housing Cooperative Society in Shewa Robit town, North Shewa Zone, Amhara Region, Ethiopia. She later moved to Addis Ababa following her spouse who moved to Addis Ababa as a member of federal police force. Maranata Housing Cooperative Society dismissed the applicant from membership alleging change of residence. The first instance court ruled in favor of the applican but the subsequent courts of Amhara Region that entatined the case by way of appleal confirmed the dismissal. The Applican took the case to the Federal cassation Bench that reversed ruling of the higher courts and confirmed the decision of the first instance court. The cassation Bench reasoned that though the memerandum of association provided for dismisal from membership due to relocation, such a ground is not stated in the applicable law. As such, memerandum of associations that narrows down the rights of members are contrary to law and cannot be sustained in the eyes of the law.

Author Biography

Gizachew Silesh Chane, Editor-in-Chief

Gizachew Silesh Chane

Gizachew has earned LL.M in Maritime Law from University of Oslo (2017), LL.M in Business Law from Addis Ababa University (2010), LL.B degree from Addis Ababa University School of Law (2006), and BA degree in economics from Bahir Dar University (2015).

Gizachew is currently working as assistant professor of Business Law at Bahir Dar University, and as Consultant and attorney at Law. With over 15 years working experience in teaching and advisory services, he has been engaged in teaching and training activities extensively. He teaches law of business organizations, corporate governance and finance, alternative dispute resolution (ADR), and Law of Financial Institutions and Markets, among others. He also advises postgraduate students in different universities of Ethiopia on their dissertation.

Specifically for the last 3 years, as of October 2019, he is serving as director of legal service directorate for technology institutes of Bahir Dar University, responsible for advising the administration human resource management, training the staff and the administration on employment issues, among others. He has also undertaken problem solving research on legal matters in collaboration with NGOs, notably with USAID Ethiopia in which he won and delivered, together with associates, two successive researches in 2021 and 2022. Gizachew has published a number of research works in various areas of law.

Selected Decisions from the Federal Supreme Court Cassation Bench

Membership to Cooperative Societies for Housing and the Consequence of Change of Residence on Membership Status.

Abstract

Author Biography