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Chapter Two Revised With Footnotes

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0% found this document useful (0 votes)
8 views17 pages

Chapter Two Revised With Footnotes

Uploaded by

jjo835047
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Here is a clearly stated Statement of Claim that specifies the jurisdiction of the Bahir Dar

First Instance Court, supported by the Ethiopian Civil Procedure Code:

---

Statement of Claim

To:

The Honorable Bahir Dar First Instance Court

From:

Yohannes Jemere, residing in Bahir Dar, Ethiopia (Claimant)

Against:

Yordanos Getaneh, residing in Mota, Ethiopia (Defendant)

---

I. Jurisdiction of the Court

This Honorable Court has jurisdiction to hear this case based on the following provisions of
the Ethiopian Civil Procedure Code:
1. Article 18(1) of the Civil Procedure Code:

Contracts may be sued upon in the court where:

The contract was made; or

The contract is to be performed.

In this case, the Traditional Cloth Supply Agreement was made in Bahir Dar.

Additionally, the delivery of the traditional cloth, which constitutes the performance of the
contract, took place in Bahir Dar.

2. Article 15 of the Civil Procedure Code:

This provision grants jurisdiction to the court of the defendant's residence or the court
where the cause of action arose.

Since the contract was both made and performed in Bahir Dar, the cause of action arose in
Bahir Dar.

Therefore, the Bahir Dar First Instance Court is the proper venue to adjudicate this matter.
---

II. Subject of the Claim

Claim for the recovery of ETB 600,000 due under a supply contract and additional relief for
the breach of the agreement.

---

III. Facts of the Case

1. On [insert date], the Claimant and Defendant entered into a Traditional Cloth Supply
Agreement in Bahir Dar.

2. As per the agreement, the Claimant delivered 200 pieces of traditional cloth to the
Defendant in Bahir Dar.

3. The agreed price for the goods was ETB 600,000 (Six Hundred Thousand Ethiopian Birr).

4. Despite receiving the goods, the Defendant has failed to pay the agreed amount, in breach
of the contract.
5. The Claimant has made repeated demands for payment, but the Defendant has not
fulfilled their obligation.

---

IV. Legal Basis for the Claim

1. Article 1779 of the Ethiopian Civil Code:

A contract is an agreement enforceable by law. The Defendant is obligated to pay for the
goods as per the terms of the contract.

2. Article 1790 of the Ethiopian Civil Code:

Non-performance of contractual obligations gives the creditor the right to demand


performance or compensation.

3. Article 2471 of the Ethiopian Civil Code:

The defaulting party is liable for damages resulting from the breach of contract.

4. Articles 15 and 18(1) of the Ethiopian Civil Procedure Code:

Jurisdiction lies with the Bahir Dar First Instance Court because the contract was made and
performed in Bahir Dar.
---

V. Relief Sought

The Claimant respectfully requests the Honorable Court to:

1. Order the Defendant to pay the outstanding amount of ETB 600,000.

2. Award statutory interest on the unpaid amount from the date of default until final
payment.

3. Award damages for losses caused by the breach of contract.

4. Reimburse the Claimant for all legal and court costs incurred in pursuing this claim.

---

VI. Evidence to be Submitted


The Claimant will provide the following evidence to support this claim:

1. The signed Traditional Cloth Supply Agreement.

2. Proof of delivery of the goods to the Defendant in Bahir Dar.

3. Copies of written payment demands sent to the Defendant.

---

Respectfully Submitted,

Claimant: Yohannes Jemere

Address: Bahir Dar, Ethiopia

Date: [Insert date]

Signature: ______________________

---
This revised Statement of Claim explicitly addresses the jurisdiction issue, demonstrating
why the Bahir Dar First Instance Court is the appropriate venue, supported by relevant
provisions of the Ethiopian Civil Procedure Code. Let me know if further details are
required!

Here’s the modified contract incorporating your additional points:

---

Traditional Cloth Supply Agreement

This Agreement is made and entered into on this [date], by and between:

Yohannes Jemere (hereinafter referred to as the "Supplier"), residing in Bahir Dar, and

Yordanos Getaneh (hereinafter referred to as the "Buyer"), residing in Mota.

Both parties hereby agree as follows:

---

1. Subject Matter

The Supplier agrees to deliver 200 pieces of traditional cloth to the Buyer, and the Buyer
agrees to purchase said quantity under the terms outlined in this Agreement.
---

2. Price and Payment Terms

1. The agreed price for each piece of traditional cloth is ETB 3,000 (Three Thousand
Ethiopian Birr).

2. The total payment for 200 pieces shall be ETB 600,000 (Six Hundred Thousand Ethiopian
Birr).

3. Payment terms shall be as follows:

[Specify payment terms: e.g., upfront, upon delivery, or installment plan].

---

3. Delivery Terms

1. The Supplier shall deliver all 200 pieces of traditional cloth to the Buyer by [specify
delivery date].
2. Delivery shall be made to the Buyer's address or a location mutually agreed upon by both
parties.

3. Any delay in delivery caused by the Supplier beyond [state days, e.g., 10 days] shall result
in a penalty of [state penalty clause, if applicable].

---

4. Obligations of the Parties

1. The Supplier warrants that the traditional cloth will meet agreed-upon quality standards
and specifications.

2. The Buyer shall ensure timely payment of the total amount agreed upon under Clause 2.

---
5. Breach of Contract

1. In the event of non-performance, failure to deliver, or failure to pay, the parties shall first
enter into good faith negotiations to resolve the matter amicably.

2. If negotiations fail, the defaulting party shall be liable for damages, and the matter shall
be resolved in accordance with the Ethiopian Civil Code, specifically Ethiopian contract law,
through the appropriate legal channels.

---

6. Termination

This Agreement may be terminated under the following conditions:

Mutual consent of both parties;

Failure of either party to fulfill their obligations under this Agreement after being provided
30 days written notice.

---
7. Governing Law

This Agreement shall be governed and interpreted in accordance with the Civil Code of
Ethiopia, particularly the provisions governing contracts.

---

8. Miscellaneous

1. Amendments to this Agreement shall only be valid if made in writing and signed by both
parties.

2. This Agreement constitutes the entire understanding between the parties and supersedes
all prior discussions or agreements.

---

9. Witnesses

This Agreement is signed in the presence of the following witnesses:

1. Yeshanbel Aysheshim, residing in Bahir Dar


Signature: _______________________

2. Yonas Muchie, residing in Bahir Dar

Signature: _______________________

---

10. Signatures

By signing below, the parties confirm that they have read, understood, and agreed to the
terms of this Agreement.

Supplier

Name: Yohannes Jemere

Address: Bahir Dar

Signature: _______________________

Date: ___________________________

Buyer

Name: Yordanos Getaneh

Address: Mota

Signature: _______________________

Date: ___________________________
---

This updated version incorporates the requested details and addresses breach resolution
via negotiation prior to legal action. Let me know if additional edits are needed!

Delivery Receipt

Delivery Receipt

Supplier:

Yohannes Jemere

Address: Bahir Dar

Buyer:

Yordanos Getaneh

Address: Mota

Date of Delivery: [Insert Date]

Receipt Number: [Insert Receipt Number]

---

Details of Delivered Items


Total Amount Due: ETB 600,000 (Six Hundred Thousand Ethiopian Birr)

---

Acknowledgment of Delivery

I, Yordanos Getaneh, acknowledge that I have received the above-mentioned items in good
condition as per the agreement dated [Insert Contract Date].

---

Signatures

Supplier:

Name: Yohannes Jemere

Signature: _______________________

Date: ___________________________

Buyer:

Name: Yordanos Getaneh

Signature: _______________________

Date: ___________________________

Witnesses:
1. Yeshanbel Aysheshim

Address: Bahir Dar

Signature: _______________________

Date: ___________________________

2. Yonas Muchie

Address: Bahir Dar

Signature: _______________________

Date: ___________________________

---

This receipt ensures clarity and acknowledgment of the delivery. Let me know if you need
additional details or formatting.

Notice of Failure to Pay

From:

Yohannes Jemere

Address: Bahir Dar

To:

Yordanos Getaneh
Address: Mota

Date: [Insert Date]

Subject: Notice of Non-Payment for Delivered Traditional Cloth

Dear Yordanos Getaneh,

I hope this letter finds you well. I am writing to formally notify you of your failure to pay the
agreed-upon amount for the traditional cloth supplied as per our contract dated [Insert
Date of Contract].

On [Insert Delivery Date], I delivered 200 pieces of traditional cloth to you, fulfilling all my
obligations under the agreement. The total amount due for the delivery is ETB 600,000 (Six
Hundred Thousand Ethiopian Birr), as agreed upon, at a rate of ETB 3,000 per piece.

Despite my fulfillment of the contract terms, I have not yet received payment from you,
which was due on [Insert Due Date]. This constitutes a breach of our agreement.

I kindly request that you make the payment in full within [Insert Number of Days, e.g., 10
days] of receiving this notice. Failure to resolve this matter may compel me to pursue
further action, including but not limited to engaging in negotiations as outlined in our
agreement or taking legal steps in accordance with Ethiopian contract law.

Please treat this matter with urgency and seriousness to avoid unnecessary escalation. If
you have any concerns or need to discuss this matter further, I am available at [Insert
Contact Information].

Sincerely,

Yohannes Jemere
Signature: _______________________

Date: ___________________________

---

This notice is concise and professional while emphasizing the urgency of payment. Let me
know if further details are needed.

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