Selected Decisions from the Federal Supreme Court Cassation:

Gizachew Silesh Chane

doi:10.20372/bdujol.v12i1.1223

Gizachew Silesh Chane Editor-in-Chief

DOI: https://doi.org/10.20372/bdujol.v12i1.1223

Keywords: division of matrimonial property, payment of matrimonial debtdebt of spouses

Abstract

This case pertains to division of matrimonial property during divorce and the fate of alleged debts in the absence of the allged creditor. The litigation started in Mecha Woreda Court, Amhara Region, in which the respondet in this case, Mrs Wubnat Lake, was an applicant at the woreda court where she demanded divorce and partition of common property. The applicant Mr. Degarede Mulu, in his response to his wife's clam, requested the payment of debt he alleged they jointly owed to their farm employee. The Woreda court and the hight court that entertaained the matter on appeal basis ruled for joint payment of alleged. But the regional cassation bench, Amhara Supreme Court Cassation Bench, reversed the decision reasoning that in the abscence of claim the creditor, one of the spouces are not entitled to request for payment of debt. The case was taken to the Federal Supreme court that confirmed the decision of Amhara Supreme Court Cassation Bench.

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

Division of matrimonial property during divorce and the fate of alleged debts in the absence of the allged creditor

Abstract

Author Biography