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:

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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)

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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.

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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.

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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.

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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.

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Respectfully Submitted,

Claimant: Yohannes Jemere

Address: Bahir Dar, Ethiopia

Date: [Insert date]

Signature: ______________________

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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:

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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:

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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].

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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].

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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.

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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.

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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.

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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.

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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: _______________________

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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]

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Details of Delivered Items

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

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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: ___________________________

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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: ___________________________

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

Certainly! Here's a full example of a **Statement of Claim** in the Ethiopian legal pleading
format:

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### **Federal First Instance Court**

**Case Number:** [To be filled by the court]

**Plaintiff:** Yohannes Jemere

Address: Bahir Dar, Ethiopia

**Defendant:** Alemu Abebe

Address: Addis Ababa, Ethiopia

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### **Statement of Claim**

**1. Introduction**
The plaintiff, Yohannes Jemere, respectfully submits this Statement of Claim against the
defendant, Alemu Abebe, for breach of contract and requests this honorable court to grant
the relief sought below.

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**2. Facts of the Case**

2.1. On January 15, 2024, the plaintiff and the defendant entered into a legally binding
contract in which the defendant agreed to purchase 50 traditional Gondergna Kemis
garments from the plaintiff for a total price of Birr 250,000, to be paid in full by February
15, 2024.

2.2. The plaintiff fulfilled all obligations under the contract, including timely delivery of the
garments to the defendant on February 1, 2024, as evidenced by delivery receipt No.
2024/001.

2.3. Despite receiving the goods, the defendant has failed to pay the agreed amount of Birr
250,000 by the due date, and to date, no payment has been made.

2.4. The plaintiff has made multiple attempts to resolve the matter amicably, including
sending formal notices on March 1, 2024, and March 15, 2024, but the defendant has
refused to pay or provide any explanation for the breach.

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**3. Legal Grounds**

3.1. Pursuant to Article 1675 of the Ethiopian Civil Code, a contract creates obligations
between the parties which must be performed in good faith.
3.2. Under Article 1790 of the Civil Code, the defendant is obligated to pay the agreed price
upon receipt of the goods.

3.3. Article 1771 of the Civil Code grants the plaintiff the right to claim damages for the
defendant’s failure to fulfill contractual obligations.

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**4. Relief Sought**

The plaintiff respectfully requests the court to:

4.1. Order the defendant to pay the outstanding amount of Birr 250,000.

4.2. Award the plaintiff interest at the rate of 9% per annum on the outstanding amount
from February 15, 2024, until full payment is made.

4.3. Award the plaintiff compensation for damages amounting to Birr 50,000, resulting from
the defendant's breach of contract.

4.4. Order the defendant to cover all court costs and legal fees incurred by the plaintiff.

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Respectfully submitted,

**Date:** November 16, 2024

**Signature:** _________________________

**Name:** Yohannes Jemere

---

### **Attachments**

1. Copy of the contract dated January 15, 2024.

2. Delivery receipt No. 2024/001.

3. Copies of formal notices sent on March 1, 2024, and March 15, 2024.

4. Plaintiff’s identification card.

---

This format adheres to Ethiopian legal standards and provides clarity for the court and the
opposing party. Let me know if you need further assistance!

Thank you for clarifying. Based on the document, Yohannes Jemere is the plaintiff, and the
defendant (Yordanos Getaneh) must craft a statement of defense. Below is the revised
statement, from the defendant's perspective:

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Date: [Insert Date]

To: Bahir Dar Division Civil Bench, First Instance Court

Re: Statement of Defense Against the Plaintiff's Claim

Defendant: Yordanos Getaneh

Plaintiff: Yohannes Jemere

---

Statement of Defense

1. Introduction

I, Yordanos Getaneh, respectfully submit this statement of defense in response to the claim
filed by Yohannes Jemere. The claim is based on an alleged breach of contract for the
purchase of traditional clothing. I reject the plaintiff’s assertions and present the following
facts and arguments.

2. Dispute on Factual Basis

Delivery Quality Issues:

While it is true that I entered into a contract with the plaintiff on Hamle 20, 2016 E.C., and
agreed to purchase 200 traditional garments for a total of 600,000 ETB, the garments
delivered did not meet the quality standards stipulated in the agreement.

The contract explicitly required the garments to adhere to certain quality standards, which
were not fulfilled.

I immediately communicated my concerns to the plaintiff but received no satisfactory

resolution.

Non-Acceptance of Goods:

I did not formally accept the goods as the delivery receipt (No. 001) is invalid due to
coercion or misrepresentation of the delivery status.
Failure to Resolve Issues Amicably:

The plaintiff claims to have sent notifications and attempted to resolve the matter
peacefully. However, these efforts were insufficient and failed to address my legitimate
concerns about the product's quality.

3. Legal Justification

Defective Performance:

Under Articles 2327 and 2329 of the Ethiopian Civil Code, a buyer has the right to reject
goods that do not conform to the agreed-upon quality standards. The plaintiff's failure to
deliver quality goods voids the payment obligation.

Breach of Warranty:

The plaintiff breached the warranty provided in the contract by delivering goods that did
not meet the agreed specifications.

4. Counterclaims

Damages for Breach:

Due to the plaintiff’s delivery of substandard goods, I suffered financial and reputational
losses. I request the court to award compensation for these damages, totaling 50,000 ETB.

Cancellation of Payment Obligation:

I request the court to declare the contract void due to the plaintiff's failure to meet its
obligations and cancel my payment obligation of 600,000 ETB.

5. Prayer for Relief

In light of the above, I respectfully request the court to:

Dismiss the plaintiff's claim in its entirety.

Declare the contract void due to defective performance.

Order the plaintiff to compensate me 50,000 ETB for financial and reputational damages.

Require the plaintiff to cover all legal and court expenses incurred.

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Defendant’s Signature:

Yordanos Getaneh

Date: [Insert Date]

Attachments:
1. Copy of the contract dated Hamle 20, 2016 E.C.

2. Evidence of communication regarding quality concerns.

3. Witness statements or reports verifying quality issues.

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This statement provides a defense against Yohannes Jemere's claims while also introducing
a counterclaim based on quality disputes. Let me know if further adjustments are needed.