CHAPTER FOUR

PRE -TRIAL PROCEEDINGS

Under this topic, we are going to discuss the procedural steps that will be applicable
during the first hearing. In the first hearing:

Introduction
Institution of statement of claim to the registrar; Art.213;
Technical requirements will be checked by the registrar; Art.229;
Substantial requirements will be checked by the judge; Art.231;
Service of summons to the defendant: Articles; 94-110;

The First Hearing

Appearance of the defendant with his/her statement of defence
Appearance of the parties for hearing
o Verification of parties
o Oral argument of the Parties
Framing of issues by the court or by the parties
Adjudication without trial
o If there is no issue
o If the issue is only issue of law; no other evidence is to be produced
o If the evidences to be produced are all documentary evidences only
Arrangement of trail proceeding

Appearance of Parties (Articles: 65-68)

Appearance need not be in person, unless ordered by court: Arts. 68 & 77;
Appearance for submission of statement of defence;
Appearance for hearing.

Non -Appearance of parties (Articles: 69-78)

What will happen where a party does not appear in the date which is fixed for hearing?
Non-Appearance of both parties (Art. 69(2))

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  Struck out the Suit or dismiss in case of appeal
Where Defendant appears and Plaintiff does not (Art. 73)
 Suit be dismissed;
 But if there is admission, the court shall pass a decree accordingly.
Where Plaintiff appears and defendant does not (Art. 70)
 If the defendant is duly served, the court orders Ex-parte proceeding.
(Art.70(a));
 If it is proved that he was served but not duly served or the summons was
not served due to reasons beyond the capacity of the plaintiff, the court will
order Second summons to be served on the defendant;
 If the summons was served but without given sufficient time, the court will
adjourn the hearing;
Third Party Defendant failing to appear (Art. 76)
 If it is proved that summons is duly served, s/he shall be deemed to admit
the validity of the decree passed against such defendant and his own liability
to contribute or indemnify: Default Decree

Effects of Non-Appearance of parties

There are four types of actions:
 Art. 71 effect of Struck out; [Art. 69(2) or 70(d)]
 Allow institution of fresh suit with payment of court fee
 Art. 74 effect of Dismissal; [Art. 73, 69(2), 70(d)or 73]
 Preclusion from instituting fresh suit on same cause of action
 Ex-parte proceeding; (Art. 70(a)))
 Court will proceed in the absence of the defendant
 Default proceeding; (Art.233)
 The defendant will lose his/her right to benefit from the proceeding
during his/her absence
Setting aside of court order upon non-appearance of a party
 Sufficient (Good) Cause

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  Art.72: Non-appearance of defendant: Before or at the date of hearing;
(GOOD CAUSE)
 Art.74(2): Non-appearance of the plaintiff: one month from dismissal;
(SUFFICIENT CAUSE)
 Art.78(2): one month from the date of awareness; (SUFFICIENT CAUSE)
 Different approaches of defining Sufficient Cause
 Strict interpretation in all cases;
 Flexible interpretation on cases to cases bases.

Examination of Parties
Following the issue of appearance:-
Court has to order for examination of parties.
Verification of their identity.
The court reads the pleadings and asks the parties on the pleadings.
The main purpose of the examination at the first hearing is to help the court
clarify and develop the issues for trial. It is to identify each party or his pleader
admits or denies the allegations of fact in the pleading of the other party that
have not otherwise been denied.
Though failure to defend amounts to admission, the court has the power to
examine the parties at the first hearing and record whatever is not said in the
statement of claim or the statement of defence.
The court may give second chance. See Article 241 & 242 of the Ci.P.C

Ruling on Preliminary Objections (PO)

Following examination of the parties, it proceeds to decide any PO, if any.
The procedure to rule on PO :-
 When PO is raised, the court should hear the opposite party, order the
production of evidence, if necessary; and render a decision on the objection.
The list of POs provided under Art. 244(2) are not exhaustive.

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 However, there are some POs; like lack of material jurisdiction, even if not raised
at the first hearing may be taken as issues throughout the proceeding because
their existence prevents the court from giving a valid judgment (Art. 9 & 211).
Acceptance of an objection has two effects: dismissal or struck out.
 The suit will be dismissed where:
 The subject matter of the suit is res judicata; or
 The suit is barred by limitation.
 In other cases, the order that sustains the objection would ordinarily result in
striking out the suit.

Framing of Issues
An issue is something on which the right decision of the case appears to depend.
This may be framed based on the material proposition of fact or of law affirmed
by one party and denied by the other.
There are two types of issues: issue of fact and issue of law
Sources of framing of issues: allegations in the pleadings, the contents of the
documents produced by either party, and the oral allegations made by the
parties or their pleadings or persons present on their behalf. See C.P.C Article 248

Adjudication without Trial

Once issues are framed, the court has to look for whether there is possibility of
disposition or not.
One of the purposes in requiring clear and precise pleading and holding a first
hearing is, whenever possible, to decide the case, in whole or in part, without
holding a trial.
Three possibilities of adjudicated in whole or in part, without a full-scale trial.
Agreement on Issue: See: Art. 252
Parties Not at Issue: See Art. 254 of the Code
Deposition of issues at the First Hearing: Art. 255

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  This happens where the court is satisfied that the issues framed for trial can
be determined without argument or evidence other than that which the
parties can at once produce, and that no injustice would result from
proceeding in this manner; the court is authorized under Art. 255 to
determine the issues at the first hearing, and pronounce judgment
accordingly.
 Where the issue or issues framed are issues of law.
 In this case, the court may adjourn the hearing to enable the parties to
martial their legal arguments, but it should not set a trial.
 This is because no evidence will be introduced.
 The same will be true on issues, which can be resolved entirely based
on the documentary evidences, which are already delivered to the
court.
 Failure to produce evidence due to the default of either party.

Compromise and Withdrawal

Compromise
Compromise is basically an agreement reached by parties to a dispute. Parties who are
involved in dispute could settle it by agreement before taking the case to court or after
the case is taken to court and before judgment is rendered.
Art. 3307 of the civil code defines compromise as a contract
whereby the parties, through mutual concessions, terminate an
existing dispute or prevent a dispute arising in the future.
Art. 274(1) of the civil procedure code also defines compromise as follows:
The parties may by compromise agreement relating to all or some
of the matters in issue terminate a dispute with respect to which a
suit has been instituted.
Valid requirements of compromise agreement: (Art. 276)
The name and place of the court in which the suit is pending

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 The title of the action and the number of the suit
The name, description, place of residence & address for service of the parties; &
The matter to which the agreement relates
It may also settle accessory matters such as costs, damages and execution.

Withdrawal of suit
Ordinarily, a party may withdraw the suit or abandon any of his claims against
any or all defendants.
Withdrawal could be made with or without the permission of the court:
withdrawal with leave and withdrawal without leave.
The criteria for satisfaction of the court to permit the party to withdraw the suit
are stated under Articles 278(2) (a) & (b).
However, once the court permits the plaintiff to withdraw or abandon with leave
to institute fresh action on the subject matter of the suit, the plaintiff shall be
bound by the law of limitation in the same manner as if the first suit had not
been instituted.

CHAPTER FIVE

THE TRIAL AND OTHER PROCEDURES

This chapter is basically interested on:
The production of evidence, that is, how witness and documentary evidence are
brought before the court,
The conduct of trial, and
The giving of the judgment and passing the decree.

Trail Proceedings
The two types of Trial Proceedings are: Ordinary Proceeding and Special Proceedings.

Production of Evidence to the Court

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Attendance and Summons of Witnesses
According to Art. 223[1][a] and 234[1], when a party files pleading, s/he includes
a list of witnesses to be called at the trial, together with their address and the
purpose for which they are to be called.
Voluntary appearance of witnesses. (see Art. 111)
Appearance of witness by order of court at the request of a party (Art. 112)
Though the primary responsibility of presenting evidences is rest on the
shoulder of the parties, the court however may issue the summons in its own
motion when it considers necessary for determination of the suit. (see Art. 264)
The effect of Non appearance of witness while summons is duly served could be
seen under Article 118 of the Ci.P.C of Ethiopia.

NB: - The following provisions of the Ci.P.C of Ethiopia are important in relation to
Documentary Evidence. Articles: 115, 119, 137-146; 223, 264 and 267.

Conduct of the Trial

There are different ways of presenting evidences in court of law. Those include:
 Presenting of evidences in open court or in camera;
 The evidence presented on court or by commissioner; and
 Evidence presented before trail.
Order of Proceeding
The party who has the burden of proof should be entitled to begin. (See. Art. 258)
With regard to statement and production of evidence. (See. Arts. 259 and 260)

Production of Evidence by the Parties

The three stages to examination of witnesses, i.e., Examination-in-chief; Cross-
Examination and Re-Examination are clearly stated on Art. 261 of the Ci.P.C.
You can see the detail proceedings of examination of witnesses under articles
from 257-273.

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 NB: - See Art.263 [2] of the Ci.P.C. and try to think about what grounds could be
accepted by courts to permit asking of leading questions.

Power of the Court during production of Evidence

Among other things the court has a power to:
Recall any witness who has been examined and may put to him such questions
as it thinks fit (Art. 266).
Pronounce judgment against a party who, without a lawful excuse, refuses to
give evidence or produce a document in his power when required to do so by the
court (Art. 118, 267 & 268).
Inspect any property or thing concerning which any question arises. (Art. 272)

Judgment and Decree

After the evidence has been concluded and the address and reply under Art. 259 if any,
have been made the court shall give judgment. See Art 273.
Judgment is pronounced according to Art 180 of the Ci.P.C. The judgment should be
given in open court either at once or, on some future day to be fixed by the court.
See articles 180-184 for detail procedure about judgment and decree.

Special Proceedings: Summary and Accelerated Proceedings (Arts 284ff)

Summary Procedure
Summary procedure is an option left for the plaintiff.
Summary procedure is allowed where the plaintiff seeks only to recover a debt or
liquidated demand in money payable by the defendant and arising: (See Art. 284)
o Upon a contract, express or implied such as on a bill of exchange,
promissory note or other simple contract debt, or
o On a bond/contract written for payment of a liquidated amount of money, or
o On a guarantee where the claim against the principal is in respect of a debt or
liquidated amount.
The crucial question here is what liquidated amount of the debt mean?

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 o In an application for Summary Procedure, the plaintiff is required to submit
an affidavit, prepared by him or any other person who can swear positively
to the facts, verifying his cause of action and the amount claimed, and stating
that in his belief there is no defence to the suit.
No statement of claim is served on the defendant. Instead the court serves a special
summons.
The summons advises him that he has been sued for a sum of money on a specified
obligation and that he must obtain leave to defend the suit.
He may not appear & defend unless he applies & obtains such leave from the court.
If the defendant or one of the several defendants fails to make such an application
within the time fixed by the summons, the plaintiff is entitled to a decree for an
amount not exceeding the sum claimed in the statement of claim together with
interest if any, and costs against the defendant or such of the defendants as have
failed to apply for leave to defend.
In line with Art 286 of the Ci.P.C., an application for leave to appear and defend is to
be supported by an affidavit, which states whether the defence alleged goes to the
whole or part only and, if so, to what part, of the plaintiff’s claim. The plaintiff must
be served with notice of the application and with a copy of the defendant’s affidavit.
Following the application, the court will hold a hearing, at which time the defendant
may be examined on oath and required to produce relevant deeds, books,
documents and the like. The plaintiff must be served with notice of the application
and a copy of the defendant’s application.
Once the court allows the defendant to defend the case, the summary proceeding
will be turned to ordinary proceeding and the case will be handled as any other
ordinary cases.

Accelerated Procedure
A party entitled to have his case heard under accelerated procedure must file a
written, dated and signed application within the period fixed by law for the making

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 of such applications, or where no period is fixed, within fifteen days from the
occurrence of the facts on which the application is based. (See Art 301)
Furthermore, the application must specify the capacity in which the applicant acts
and must indicate the provisions of the law under which it is made;
It must also be supported by an affidavit stating the reason of it.
In addition, it has to include the required documentary evidences as the applicant
wishes to submit.
The proceeding at this point is ex-parte, and the defendant is not served with
notice.
Hence, if the applicant is not qualified to act in the proceedings or if it is not in the
proper form or not filed within the prescribed time, or if the court considers that the
subject matter of the application cannot be properly disposed of under the
accelerated procedure, the application will be dismissed.
However, a dismissal of the application does not operate as res judciata as to the
subject matter of the application, but a fresh application may not be made on the
same ground to be dealt by and through accelerated procedure.
As to the right to appeal, Art 306 of the Civil Procedure Code provides that unless
otherwise provided by the law under which the application is made, no appeal shall
lie from any decision under this chapter other than a judgment under Arts 309-311.
And, where an appeal lies, from a judgment given under this chapter it shall be
made within ten days from the giving of such judgment and such judgment shall
not be enforced until the period for appeal has expired or the appeal has been
decided.
Having the above facts in mind, now let us proceed to discuss some points with regard
to issues of certificate. According to Art 305 of the Civil Procedure Code:
1. On making its decision in favour of the applicant, the court shall, where he so
requires, provide him with a dated and signed certificate stating in a concise
form the contents of such decision.

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 2. The provisions of sub-Art (1) shall apply in particular in matters concerning
change of name (Arts 42 and 43 of Civil Code), withdrawal of interdiction
(Arts 377 Civil Code), opposition to marriage (Art 592 Civil Code),
widowhood (Art 596 Civil Code) as well as in cases of applications to consult
or to be issued with certain powers or documents or to be authorized to depart
from certain instructions (Arts129, 209,239,287,523,528,535 and 630 Civil Code)
3. Where an application is made for the correction or cancellation of records or
entries in the registers (Arts 121,127, 1623 and 1630 Civil Code) or for approval
or confirmation (Arts 146,628,633,749,763,766,767 and 804 Civil Code and Art
441 Commercial Code) or registration or certification, the court may, without
further proceeding, but after having ordered such investigations as may be
necessary, give such directions as are appropriate in the circumstances, or issue
a certificate evidencing approval, registration or certification or endorse the
fact of approval, registration or certification on the relevant document, as the
case may be, together with the date and number thereof where appropriate.

Other Procedural Matters

Arrest and Attachment before Judgment

Arrest before Judgment

A warrant of arrest may be issued against the defendant where the court is satisfied
that the defendant:(See Art 147)
o With intent to delay the case or avoid the process of the court or obstruct or
delay execution of any judgment that may be entered against him, has left
or is about to leave the local limits of the court’s jurisdiction or has disposed
of or removed property from such limits; or
o Is about to leave Ethiopia under circumstances affording a reasonable
probability that the plaintiff may be obstructed or delayed in the execution
of any decree that may be passed against the defendant.

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 The application may be made at any stage of the suit, that is, before or after it has
come to trial, so long as a judgment has not been rendered, and the application may
be supported by affidavit or other evidence on oath.
Note that the purpose of these provisions is to require the defendant to furnish
security rather than to detain him.
The defendant may avoid arrest by paying the officer entrusted with the execution
of the warrant the sum specified in the warrant, sufficient to satisfy the plaintiff’s
claim, which is a sum specified in the warrant, sufficient to satisfy the plaintiff’s
claim, which sum will be held by the court until the suit is disposed of or until
further order.
In case of refusal to comply with an order under Art 148 or 149(4) the court may
order the defendant to be detained in the civil prison until he complies with the
order or until the decision of the suit or where a decree is passed against the
defendant, until the decree satisfied: Provided that the defendant may not be so
detained for more than six months.

Attachment before Judgment

The rules related to security for production of property are designed to prevent the
defendant form disposing of or removing his property so as to prevent execution.
Under this procedure, in line with Art 151 of the Civil Procedure Code, the action is
taken entirely against the property, and it is applicable to all suits, including those
involving immovable property.
Such action is to be taken where the court is satisfied that the defendant, with the
intent to obstruct or delay the execution of any decree that may be passed against
him, is about to dispose of the whole or any part of his property or is about to
remove such property from the local limits of the court’s jurisdiction.
The application may be made at any stage of the suits, and the allegations may be
proved by affidavit or otherwise.
Where the defendant fails to show good cause why he should not furnish security,
or fails to furnish the security required, within the time fixed by the court, the court
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 may order that the property specified, or such portion thereof appears sufficient to
satisfy any decree which may be passed in the suit, be attached.
where the defendant shows such cause or furnishes the required security after the
property specified or any portion of it has been attached, the court shall order the
attachment to be withdrawn, or make such other order as it thinks fit.
Finally, you have to grasp in mind that the plaintiff who obtained attachment of
property prior to the decree should not be in a better position as regards execution
than any other plaintiff. The fact that the Code refers to the rights of the parties in an
attachment before judgment should not mean that after judgment the attachment
gives the plaintiff greater than other decree-holders. Therefore, until proceedings in
execution have been instituted, prior rights of third parties in the attached property
should not be affected.

Temporary Injunctions, Interlocutory Orders & Appointment of Receiver

Temporary Injunctions
Temporary injunction is ordered in two situations:
Where action taken with respect to property will prejudice the other party;
Where, in a suit to restrain the breach of a contract or the commission of an act, the
defendant is threatening to breach the contract or do the act pending litigation.
An injunction may be granted if the court is satisfied that:
The property in dispute is in danger of being wasted, damaged or alienated by a
party to the suit;
The property in dispute is in danger of being wrongfully sold in execution of a
decree, or;
The defendant threatens or intends to remove or dispose of this property with a
view to defraud his creditors.
Any order for an injunction may be discharged, or varied, or set aside by the court,
on application made thereto by any party dissatisfied with such order.

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Interlocutory Orders
On the basis of Art 165 of the Civil Procedure Code, an interlocutory order may be
broadly defined as any order that the court considers necessary or expedient to be made
pending the determination of the suit.
From the reading of Art 162 of the Ci.P.C, an application for an order of sale or
for the detention, preservation or inspection of property may be made by the
plaintiff after notice to the defendant at any time after the suit has been
instituted.

Appointment of a Receiver
In order to preserve the subject matter of the suit pending a determination of the rights
of the parties, the court may appoint a receiver to deal with property during the
pendency of the suit. (See Art 166)
The removal by the defendant of a substantial amount of property under
suspicious circumstances during the pendency of a suit involving ownership of
that property would be a good ground for the appointment of a receiver.

Habeas Corpus
See the Federal Court Proclamation 25/96 and the Ci.P.C relevant articles.

Procedure in Arbitration and conciliation

According to Art. 316 of the Ci.P.C, the court may appoint an arbitrator, if the law
requires it. Once the arbitrator is assigned, the procedure to be followed by arbitration
tribunals will be governed by art. 317 of the Ci.P.C.

Cost
According to Art. 462 of the Ci.Pr.C of Ethiopia, it is the discretionary power of
the court to decide as to whom and to what extent such costs are to be paid.

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 CHAPTER SIX
REVIEW OF JUDGMENTS
Reviews by Appeal to a Higher Level of Court
Introduction
The most common method of obtaining review of a judgment
It is an application by a party to a higher, appellate court, asking that court to set
aside or revise a decision of a subordinate court.
It is a review of the case and not a retrial of the case by the appellate court.
Frequently, the grounds for appeal will involve errors of law, which of course
includes an error of fact, allegedly committed by the subordinate court.
As a rule, the appellate court does not hear additional evidence on the appeal,
and where the introduction of additional evidence is permitted, it is limited to
exceptional circumstances.

Right of Appeal
Appellant Vs. Respondent
Cross-Appeal: Cross Appellant Vs Cross Respondent
Either party may, in accordance with the provisions of the Code, appeal against
any final judgment rendered by the subordinate court.
It is also possible that both parties may be dissatisfied with the decision and if so,
both may appeal.
For example, the court may have entered judgment for the plaintiff, but may have
awarded him a lesser amount of damage than s/he claimed. In such a case, the
defendant may appeal from the decision on the issue of liability, and the plaintiff
may appeal from the decision on damages.
A party may only appeal where he has been adversely affected by the judgment
Thus, where the plaintiff proceeded on alternative theories of liability, and the
court found in his favour on one theory, but not on the other, and gave him all

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 the relief sought, he cannot appeal on the ground that one issue was decided
against him.
So too, if the defendant contended that there was no contract and alternatively
that performance was prevented by force majeure, and the court found that there
was a contract, but upheld the defendant’s contention as to force majeure and
entered a judgment in favour of him, he could not appeal against the court’s
decision as to the existence of the contract.
 In multi-party litigation, any or all parties may appeal if they are
adversely affected by the decision.
 The parties appealing need not make all the other parties respondents to
the appeal.
The judgment appealed from is presumed to be correct, and the burden is on the
appellant (cross-appellant) to show that it should be reversed or varied.
There is one appeal as of right.

Types of Appeal
There are two types of appeal in the appellate court.
These are Appeal on Judgment and Appeal on Orders (Interlocutory Appeal).

Appeal on Judgment
Regardless of the length of the procedure, i.e., at the first hearing or full-scale
trial, if the case is adjudicated on its merits, then any application for appeal on
such judgment can be considered an appeal on Judgment.

Appeal on Orders (Interlocutory Appeal)

An interlocutory appeal is simply an appeal from an interlocutory matter, a
matter on which the court has rendered a decision, but the decision does not
finally dispose of the case.
Examples:- order on a motion for adjournment, a decision on preliminary objections, a
ruling on the admissibility of evidence and a decision on an application to sue as a
pauper.

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 Under the Ci.P.C, interlocutory appeals are not permitted.
No appeal lies from any decision or order of any court on interlocutory matters,
but any such decision or order may be raised as a ground of appeal when an
appeal is made against the final judgment.
Thus, there can be but one appeal that form the final judgment, and at such time
all objections, both as to interlocutory matters and the final disposition, may be
raised. See article 320(3) of C. P. C
However, a person may appeal from any order:-
Directing his arrest or detention,
Transferring property from one party to another, or
Refusing to grant an application for Habeas Corpus. See article 320(4) of CPC.
 Although such orders may be considered interlocutory in nature, they do
involve restraint of a person or deprivation of property, and it was decided
that a person should be entitled to an immediate ruling on the validity of the
detention or transfer.
 These are the only exceptions permitted, and in all other cases the court must
reject any appeal taken on an interlocutory matter.
 It is necessary, therefore, to distinguish between a ruling on an interlocutory
matter, which is not appealable, and the final judgment, from which, of
course, an appeal lies.

Grounds of Appeal
In the memorandum of appeal, the appellant must set forth his grounds of
appeal, the grounds on which he objects to the judgment from which the appeal
is taken.
They must be stated concisely and without argument; where there is more than
one ground, each ground shall be set forth separately and numbered
consecutively.
It is very important that the appellant state all his objections to the judgment in
the memorandum of appeal. See Article 328 of the Ci.Pr.C.

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 Except where the court permits the introduction of additional evidence, the
appellant may not raise any fact, which was not in evidence in the subordinate
court.
o Fact in evidence should be construed to include any objection or issue that
was not raised in the court below. See article 329 of the Civ.Pr.C.
An objection/issue can’t be raised for the first time on appeal, and an appeal
should be limited to a review of the questions decided by the lower court.

 General Rule to Appeal

There are, then, two aspects to the rule:-
o The first is that the appellant may not raise new issues for the first time
on appeal.
o The trial is limited those issues framed at the first hearing or subsequently
by amendment, and the only evidence introduced at trial relates to those
issues.
Once the issues are resolved, the decision of the trial court may be reviewed by
the appellate court, but it is too late to raise new issues with new evidence
before the appellate court.

 Exceptions to the General Rule

The clearest exception is the objection that the court lacked material jurisdiction.
The same reasoning is applicable to failure of joinder of an indispensable party;
since the absence of such a party affects the power of the court to hear the case,
the objection may be taken at any time.
It has also been held that a party may make a new legal argument on appeal,
even though this argument was not made in the court below.

Instituting Memorandum of Appeal

Memorandum of appeal
The memorandum of appeal must contain, the requirements stated under
Art.327 of C. P. C

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 If the appellant is permitted looking for to produce additional evidence on
appeal, the memorandum must state whether the appellant bases his appeal
entirely on the record of the original hearing or whether he desires to produce
additional evidence, in which case an application to call additional evidence
must be attached to the memorandum.
Where the memorandum is not in the proper form, it may be rejected or returned
to the appellant for the purpose of being amended within a specified time, or it
may be amended then and there. See article 330 of the C.P.C
The course of action the court takes should depend on the nature of the defects listed
below:
if the memorandum is completely inadequate, the appellant should be directed
to file a new one;
if some amendments are necessary or documents are missing, it is sound to fix
a day for amendment; and
if the error is a minor one, the memorandum can be amended at the time it is
filed.

Time for appeal

Normally, the memorandum must be filed within 60 days from the time of the
delivery of judgment. See article 323(2) of the C. P. C.
However, this may not be true all the time. Some substantive laws may fix the
period of limitation even less than 60 days.
For instance, if we look at some of the provisions of the labour proclamation no.
377/2004, we can see the period of limitation for appeal is only 30 days.
Article 154(1) of the proclamation says:
In any Labour dispute case an appeal may be taken to the Federal High Court
by an aggrieved party on questions of law, within thirty (30) days after the
decision has been read to, or served upon, the parties whichever is earlier.

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Article 138 (3) of the proclamation also says:
The party who is not satisfied with the decision of the regional first instance court
may, within 30 days from the date on which the decision was delivered, appeal
to the labour division of the Regional court, which hears appeals from the
regional first instance court
The Registrar must refuse to accept the memorandum of appeal, and he will
inform the appellant that he may within 10 days file an application for leave to
appeal out of time See Article 324(1) of the C. P. C.

Application for leave to appeal out of time

It is to be in writing and must show the cause why the appellant did not appeal
within the prescribed period.
It must be accompanied by such evidence as may be necessary to enable the
court to decide whether the appellant was prevented by good cause from
appealing within the period. See Article 325 of the C. P. C
 If the court is satisfied, it records an order granting the application, and the
appellant shall file his memorandum of appeal within 10 days of such order.
 It is provided that no appeal lies from a decision dismissing an application for
leave to appeal out of time. See Article 326 of the C. P. C.

Cross-Objections (Article 340)

 Cross-Objection and Cross-Appeal
The distinction refers solely to whether the successful party filed an
appeal to challenge certain aspects of the decree, in such case i.e., cross-
appeal or whether he made his appeal only in response to an appeal filed
by the other party, that is, by a cross-objection.
 The cross-objections must be filed in the form of a memorandum of appeal
within one month from the time when the respondent is served with the
summons to appear and defend the appeal.
 A copy is to be served on every party who may be affected by the objection.

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  The cross-objection may be heard and determined notwithstanding that the
original appeal is not proceeded with (See Article 340 of the C. P. C).
 So, even if the appellant decides to withdraw the appeal, the court will hear the
respondent’s cross-objections and may modify the decree as a result.
 However, if the original appeal were not validly filed, there would be no
opportunity for the respondent to present cross-objections.
It is important to remember that the filing of a cross-objection is merely the device by
which a respondent who did not file a cross-appeal may attack the decree after the
unsuccessful party has taken his appeal. Once, cross-objections have been filed, the
practical effect is the same as if he had taken a cross-appeal.

Additional Parties
The appellate court has the same kind of power with respect to persons who
were parties to the original suit but who were not made parties to the appeal.
Where it concludes that such a person is interested in the result of the appeal, it
may direct that he be made a respondent. See article 40(5) of the Civ.Pr.C

Stay of Execution
The fact that an appeal has been taken does not operate to stay the proceedings
or to prevent execution of the decree.
Execution can be stayed only upon showing that a substantial loss will result if
the stay is not granted & that appellant’s furnishing security for the performance
of the decree.
A stay of execution may be ordered by the appellate court or by the court or by
the president of both courts. See article 332-334 of the C. P. C.
Since both the appellate court and the subordinate court are authorized to grant
stays, it seems implicit that the subordinate court should only order a stay if an
appeal has not been taken.

21
The court or presiding judge may only issue a stay if satisfied that;
1. Substantial loss may result to the party applying for the stay unless the order
is made;
2. The application has been made without unreasonable delay, and
3. Money has been deposited, security given or a surety produced by the
applicant, guaranteeing due performance of the decree as may ultimately be
binding upon him. The parties must be heard on the application although the
court may, on application supported by affidavit, make an ex parte order of
stay pending the hearing of the application.

Procedure on Appeal

Hearing of Appeal
As we have seen, the memorandum of appeal is filed in the appellate court, and
it serves as the pleading that originates the appellate proceedings.
Assuming that the appellant bases his appeal entirely on the memorandum of
appeal and does not apply for permission to call additional evidence, the
appellate court may decide the case solely on the basis of the grounds set forth
in the memorandum of appeal.
It fixes a day for hearing the appellant or his pleader, and following the hearing,
it may dismiss the appeal without calling on the respondent to appear if it agrees
with the judgment of the subordinate court. See article 337 of the C. P. C.
Where the appeal is not entirely dismissed, the appellate court is to cause the
memorandum of appeal to be served on the respondent.
Fix a day for the appeal and summons the respondent to appear, advising him
that if he does not appear, the appeal will, nonetheless, be heard See article 338 of
the C. P. C.
The respondent must be allowed sufficient time to prepare his reply and to
appear and be heard.

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  On the day of the appeal,
o The appellant is to be heard first since he has the burden of proof on the
appeal.
o If he has not made out a case justifying further argument, the court may
dismiss the appeal at that time.
o If the court does not dismiss the appeal, the respondent is then heard in
rebuttal, and the appellant is entitled to reply.
o The court may, however, require the respondent to submit a written reply
to the memorandum of appeal and the appellant to submit a written
counter-reply. See article 339 of the C. P. C
Framing of Issues
If, during hearing the appeal, the appellate court concludes that the subordinate court
has omitted to frame or try an issue or to determine any question of fact which is
necessary for the decision of the suit on the merits, the appellate court may frame those
issues and refer them to the subordinate court, which is to take the evidence on those
issues.
The subordinate court does not review its decision in the case;
It merely takes the evidence,
Makes findings, and
Submits the evidence and finding to the appellate court. Art. 343.
 After they have been submitted, the appellate court proceeds to determine the
appeal. By employing this procedure, the appellate court avoids the necessity of
taking such evidence itself.

Additional Evidence
The most difficult question relating the procedure to be followed on appeal is whether
the appellate court should allow additional evidence to be produced.
 The general rule is that the parties are not permitted to produce such evidence.

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 All issues must be raised at the trial so that the court can render a final judgment on
the merits.
However, there are three situations where the introduction of new evidence on
appeal is authorized. These are where:
1. the subordinate court refused to admit evidence that ought to have been
admitted;
2. the appellate court requires and document to be or any witness to be examined
to enable it to pronounce judgment; or
3. There is ‘substantial cause,’ justifying the production of the evidence. See article
345of the C. P. C

Review of Findings of Fact

Basically, there are two approaches on this issue.
The first approach is that the appellate court will be dependent on the findings
of fact made by the subordinate court.
The other approach is, the appellate court may determine on the findings of
facts.
In Ethiopia, the appellate court is not bound to accept all findings of fact made by
the subordinate court.

CHAPTER SEVEN
EXECUTION OF DECREES
Generally, ‘execution’ may be defined as:-
The process by which a decree, is enforced against a person who has failed
to comply with its terms.
This chapter is interested in discussing briefly on three important points, namely,
1. Jurisdiction in execution,
2. Procedure in execution, and
3. Attachment and sale of property.

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 I. Jurisdiction in Execution
It is important to remember that execution is essentially a separate proceeding.
A decree can be executed either voluntarily or by the order of the court.
 Ordinarily, the court which rendered the decree or to whom execution
was delegated by the appellate court or referred by the court of
cassation will execute it.
 However, in certain circumstances (if execution by that court is not
feasible) the court may, upon its own motion or application of the decree-
holder; may transfer for execution to another court.
Per article 372 of Ci.Pr.C, such transfer is authorized where:
1. the judgment-debtor resides, carries on business or personally works for
gain within the local limits of the jurisdiction of another court;
2. the judgment-debtor has sufficient property to satisfy the decree
within…;
3. the decree directs the sale or delivery of immovable property situated
within …; or
4. the court which passed the decree considers, for any other reason to be
recorded, that the decree should be executed by the transferee court.
Such a transfer is not mandatory, and the court which passed the decree may
execute it itself even in the circumstances just discussed.
Therefore, if the court decided to transfer its power to any other court, it shall
send a copy of the decree. See article 372 of C. P. C.
Such transfer may be made without notice to the judgment-debtor, since he will
be notified of the execution proceedings by the transferee court.
Other important thing that we should raise at this stage is, the transferee court
cannot alter, vary or add to the terms of the decree.
 The only exception is where the decree is ambiguous. In such a case,
the transferee court can resolve the ambiguity. See article 374 of C. P. C

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 Hence, if the transferee court has the same powers as if it had passed the decree
itself.
But as an exception, the transferee court may not transfer the decree for
execution to another court.
 The transferee court can only refuse to execute the decree if it concludes
that the transferring court lacked material jurisdiction to render it or that
the decree is clearly illegal.

Powers of the Court upon Execution

An application by the decree-holder to the court which issued the decree is
important.
Once an application is made, the court executing the decree has complete control
over the proceedings, and all questions concerning the execution, discharge or
satisfaction of the decree must be determined by that court.
All questions concerning the execution, discharge or satisfaction of the decree
must be raised before the court executing the decree and not by a separate suit.
See article 375 of Ci.Pr.C.
Following are some other examples of questions that must be raised before the court
executing the decree:
1. Claim of compensation for damage caused by the judgment-debtor to property
prior to surrendering possession;
2. Claim by the judgment-debtor that the decree-holder took in execution property
not included in the decree or in excess of the decree;
3. Claim for refund or deficiency following execution on mortgaged property
where an error in the amount of mortgage is subsequently discovered.
 It does not apply to questions concerning the decree itself or matters
unrelated to execution.
 The decision of the court on execution is subject to appeal.
Stay of execution by execution court. See article 377 of Civ.Pr.C.

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 However, only the court, which issued the decree, may stay execution; execution
may not be stayed by the court in which the other suit was filed.

II. Proceedings in Execution

Application for Execution

1. General provisions
Application for execution is the first step to proceeding for execution.
No need of new application for execution. In a sense the proceedings in
execution are a continuance of the original suit, and the original suit is not finally
closed until the decree is satisfied.
There is no fixed time stated for application.
The application may be made as soon as the judgment-debtor is in default. See
article 378 of C. P. C.
The application must fulfill the formal requirements of the code. (Art. 378)

2. Application by holders of joint decrees

A decree may sometime benefit more than one person.
Thus, any one of the beneficiaries may apply for execution of the whole decree for
the benefit of all, or where one has died for the benefit of the survivors and the legal
representative of the deceased. Art. 380(1) of Ci.P.C.
o Exception:
 Make sure that the decree imposes no condition to the contrary.
 Interests of the persons who have not joined in the application should
be protected. See article 380(2) of C. P. C.
o If there are several parties, so that a representative class suit may have been
justified under Civ. Pro. C., Art. 38, one holder of the joint decree should be
able to file the application on behalf of the others. Or,

3. Application by Transferees
Right may be transferred to any other person for different reasons.

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 o Such transfer could be made by the operation of law or by agreement of
parties in writing.
If a decree is transferred, the transferee may apply for execution.
Once the application is granted the decree may be executed in the same manner
and subject to the same conditions as if the application were made by the original
decree-holder. See article 381(1) of C. P. C.
Where the decree has been transferred by assignment and the assignee applies for
execution, notice of the application shall be given to the original decree-holder and
the judgment-debtor; the decree shall not be executed until the court has heard any
objection either may have to its execution. See article 381(3) of C. P. C.
A transfer of the decree by operation of law may arise in any of the following ways:
1. the decree-holder has died, and the decree has passed by devolution or
succession,
2. the decree-holder has become insolvent, and the decree has passed to the
assignee or receiver;
3. A judgment has been entered against the decree-holder in another suit, and the
decree has been transferred in execution proceedings against him.

4. Application against Sureties and Representatives

Basically the judgment debtor has a responsibility to execute the judgment.
But there is time which the judgment debtor could not do so.
One of those reasons could be death of the individual.
o Where the judgment-debtor dies before the decree has been fully satisfied,
the decree-holder may apply to the court, which passed it for execution
against the legal representative of the deceased judgment-debtor. See Art.
383 of the Ci.Pr.C.
Where any person has become liable as surety:
o for the execution of a decree or any part thereof;
o for the restitution of any property taken in execution of a decree; or

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 o for the payment of any money or the fulfillment of any condition imposed
on any person, under an order of the court in proceeding consequent
thereon,
the decree or order may be executed against him to the extent to which
he has rendered himself personally liable and he shall be deemed to
be a party within the meaning of Art. 375, provided that such notice as
the court in each case thinks sufficient shall be given to him.

Limitation
The Code does not specify a period in which the first application to execute the
decree must be filed.
Since the decree creates an obligation for the benefit of the decree-holder, the
ordinary period of limitation for the enforcement of obligations, which is ten
years, should be applicable, and if the application is filed more than ten years
after the date of the decree sought to be executed, it should be barred by
limitation.
The Code does provide a period of limitation for a second application, and once
an application to execute a decree, other than one granting an injunction, has
been made, no fresh application may be entertained after the expiration of ten
years from (article 384 of the Cv.Pr C):
1. the date of the decree sought to be executed, or
2. Where the decree or any subsequent order directs the payment of money or
the delivery of property to be made at a certain date or at recurring periods,
the date of the default.
There is no restriction on the number of applications that the decree-holder
may make within the ten years period.

III. Process of Execution

Receipt of application and examination of the judgment-debtor

If there is any defect, the court must reject the application; or

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If the defect can be remedied, it must allow the applicant to amend it.
Any amendment so made shall be dated and signed by the presiding judge.
The application is then deemed to be one in accordance with the law, and the
amendment relates back to the time when the application was originally filed.
See article 385 of the C. P. C
Where the application for execution is admitted, the same procedure as to the
summonsing of the defendant in the trial court will be applied.
Once the judgment debtor appears before the court, the proceeding is oral one.
The judgment debtor is not allowed to bring any written respond to the
application. See article 386(1) and (2) of the Ci.Pr.C
If the judgment-debtor does not appear, the court orders the decree to be
executed and issues process for such execution.
In addition, where the application made for execution of a decree for the
payment of money, the court must order the judgment-debtor to be arrested and
brought before the court for the purpose being examined as to his means. See
article 386(3) and (4) of the C. P. C
When the judgment-debtor appears, he may make objection to the execution of
the decree, and the court will consider his objection and make an appropriate
order.
The court would dismiss the application if it finds the decree has been satisfied,
or that the application is barred by limitation or is otherwise objectionable.
If the court cannot issue process because it considers that the judgment-debtor
cannot pay the amount due, it should not dismiss the application, because it may
issue process at any subsequent time on being satisfied that the judgment-debtor
has a means to pay such amount.
In the event that the judgment-debtor has not shown causes why the decree
should not be executed, the court will issue process for execution of the decree in
such manner as the nature of the relief granted may require.

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  Per Article 389 of the C. P. C, in addition to issuing process for execution, the
court is authorized to order the detention of the judgment-debtor as a means of
forcing him to comply with the decree.
 It may issue such an order in two situations:
1 if the court concludes that prior to the time when the application for
execution was filed, the judgment-debtor is in a position to satisfy the decree
and wilfully fails to do so, i.e., he had the means to satisfy the judgment or
the ability to perform the required act, and there was no excuse for his
failing to do so; or
2 If, after the court has examined the judgment-debtor and ordered him to
comply with the decree, he refuse without good cause to do so.
In either case the court may order his arrest (if he is not already under arrest) and his
detention in a civil prison for a period not to exceed six months.

Execution of Decrees for the Payment of Money

The Code specifically directs how various kinds of decrees are to be executed.
A decree for the payment of money may be executed by the attachment and sale
of the judgment-debtor’s property. See article 394 of the Cv.Pr .C
The property attached may be movable or immovable, and there is no
requirement that the decree-holder first proceed against movable property.
The value of the property attached must be, as nearly as may be, correspondent
with the amount due under the decree.
The money payable under the decree may be paid into court whose duty is to
execute the decree or to the decree-holder out of court or otherwise as the court
which passed the decree may direct. See Art. 395 of the C. P. C

Execution of Cross-Decrees
It may be that an application is made by a decree-holder against the judgment-debtor
for execution of a decree for the payment of money at the same time that the judgment-

31
debtor has applied for execution of a decree for the payment of money against the
decree-holder, which was obtained in a separate suit.
Where both parties have made such applications, their decrees are called cross-decrees,
and the execution of such decrees is governed by special rules. In order for the rules
relating to cross-decrees to apply, the following conditions must be satisfied:
1. Both decree-holders must make application to the same court for execution of
their decrees;
2. The decrees must be obtained in separate suits;
3. Both decrees must be for the payment of definite sums of money;
4. The parties must be the same in the sense that the decree-holder in one of the
suits was the judgment-debtor in the other suit and the parties were involved in
both suits in the same capacities; and
5. Both decrees are capable of execution at the same time by the court.
Decrees may also be treated as cross-decrees where the assignee of a decree assumed
judgment-debts due by the assignor to the judgment-debtor or where the judgment-
debtor himself holds a decree against the assignee. See article 397(2) of the Ci.Pr.C
The rules that should be applied for execution of Cross-Decrees:
 If the sums due under both decrees are equal, the court enters satisfaction upon
both decrees.
 Where the sums are unequal, execution may be taken out only by the holder of
the decree for the larger sum and for only so much as remains after deducting
the smaller sum.
 In Federal Courts, two benches in Lideta and Arada division established
only to the execution of judgment entered by different courts. Application
of the execution of judgment is fully the responsibility of these benches.
The court that has given the judgment does not entertain the execution of
the judgment it has entered.

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  Therefore, there is a chance, at least in Federal Court Structure in Addis
Ababa, for the application of the execution of joint decree that entered
by different courts.

Execution of other decrees

A decree for recovery of specific movable property or a share of such property
is to be executed by the seizure of the property or share thereof and the delivery
to the decree-holder or such person as he appoints to receive delivery on his
behalf. See article 399 of the C. P. C.
However, this rule is applicable only to property in the possession of the
judgment-debtor.
If the property is in the possession of someone else, the decree-holder must
proceed to attach that property. This is so that the person in possession may
have the opportunity to raise an objection to the attachment.
In the case of a decree for the delivery of immovable property, possession is to
be delivered by the execution officer to the decree-holder or such person as he
may appoint to receive delivery on his behalf.
The execution officer may remove or open any lock or bolt or break open any
door or do any other act necessary for putting the decree-holder in possession.
See article 402 of the C. P. C
Where the decree is for the joint possession of immovable property, physical
possession is not delivered. Instead, a copy of the decree is affixed in some
conspicuous part of the property and the substance of the decree is proclaimed
by beat of drum of some other customary mode.
Presumably, the judgment-debtor will then permit the decree-holder to enter into
possession peaceably.
If the judgment-debtor resists the possession of the decree-holder, the decree-
holder may obtain the assistance of the court against such resistance. See article
402 (2) of the C. P. C

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 The court, instead of ordering such attachment and sale, may order the arrest or
detention of the judgment-debtor if he is not already under arrest in the civil
prison. But, the maximum period of detention should not exceed six months.
(See Article 389 of the C. P. C)
Question: What if the judgment debtor fails to execute the decree within the detention
period and the court understands that same reason arises after he is released
from detention? Could the court order second arrest? Why? /Why not?

Attachment and Sale

This part is important because, the best remedy for the judgment holder to secure
its decree is to attach the judgment debtor’s property and sale it for the
satisfaction of the decree.
Most decrees are for the payment of money, and this is the primary method by
which such decrees are executed. Although coercive methods against the
judgment-debtor may be employed, it is only by attachment and sale that the
court can guarantee satisfaction to the decree-holder.
Attachment must also be used to effect delivery of movable property put in the
possession of the judgment-debtor and to obtain an undivided share in movable
property for the decree-holder.
Moreover, where the decree directs an inquiry as to rent or mesne profits or any
other matter, the property of the judgment-debtor may be attached as in the case
of a decree for the payment of money before the exact amount due has been
ascertained.
However, for the most part, attachment and sale will involve the satisfaction of
a decree for the payment of money.
Issues that should be considered during attachment and sale of property:
identifying the property which is subject to attachment,
the process on how attachment of property is being performed,
the process of selling the property attached and other alternative methods related
to it, and

34
 any other measure, which the decree orders will be dealt out under this section.

Methods of and Objections to Attachment

Methods of attachment
There is no minimum amount of property that the judgment-debtor can retain but
exemptions are made so that the judgment-debtor will not be deprived of the
necessities of life and the opportunity to earn a livelihood. See Art. 404 of the Code.
Those properties which are exempted from attachment are:
1. the necessary wearing-apparel, cooking vessels, bed and bedding of the
judgment-debtor and his family;
2. tools, instruments or implements of any kind used by the judgment-debtor in his
profession, art or trade;
3. where the judgment-debtor is an agriculturalist, such cattle and seed-grain as
may, in the opinion of the court, be necessary to enable him to earn his
livelihood;
4. such amount of food and money as may, in the opinion of the court, be necessary
to sustain the judgment-debtor and his family for a period of three months;
5. pensions and alimonies;
6. two-thirds of the judgment-debtor’s salary, or where the salary does not exceed
Eth.$ 2 per day, and the judgment-debtor has no other income, the entire salary;
7. any other property declared by law to be exempt from attachment or sale.
There are specific directions for the attachment of various kinds of property.
Depending on the nature of the property and the person who has control over it,
different methods are to be employed.
In the case of movable property in the possession of the judgment-debtor, other than
agricultural produce, the attachment is made by physical seizure of the property; the
execution officer must keep the property in a safe place and be responsible for its
custody. See article 406 of the C. P. C

35
There are different methods of attachment. Hence depending on what is going to be
attached, the appropriate method will be applied.
 Where the goods are stored in a warehouse or similar place and it is inconvenient
to remove them, an attachment can be effected by affixing the warrant of
attachment to the outer door of the building.
 Where the property to be attached is agricultural produce, attachment is made by
the affixing of warrant rather than by physical seizure. See article 407 of the C. P.
C
 Where the property to be attached is a debt not secured by a negotiable instrument
or is a debt owed to the judgment-debtor under another decree, the attachment is
made by a written order prohibiting the judgment-debtor from recovering the
debt and his debtor from paying him until further order of the court. (This rule
does not include debts secured by a negotiable instrument, which are treated
separately; however, a debt secured by mortgage can be attached under this rule.)
See article 409 (1) of the C. P. C
 Where the property to be attached is a share in the capital of a corporation the
attachment is made by a written order prohibiting the person in whose name the
share may be, i.e., the judgment-debtor or the person holding the share on his
behalf, from transferring the share or receiving any dividend, and the corporation
from registering any transfer of the share. See article 409 (2) of the C. P. C
 Where other movable property or a sum of money in the possession of someone
other than the judgment-debtor is to be attached, the attachment is made by a
written order prohibiting the person in possession from giving it over to the
judgment-debtor. See article 409 (3) of the C. P. C
 Where the property to be attached consists of the share or interest of the judgment-
debtor in movable property belonging to him and another as co-owners, the
attachment is made by a notice to the judgment-debtor prohibiting him from
transferring the share or interest or charging it in any way. See article 410 of the
Civ.Pr.C

36
  Attachment of salary is to be made by an order to the employer, directing that
the amount be withheld either on one payment or by monthly installments. See
article 411 of the Civ.Pr.C
 The decree-holder may also attach a negotiable instrument payable to the judg-
ment-debtor or endorsed over to him. In order to prevent further negotiation of
the instrument, the instrument itself must be seized by the execution officer and
brought into court.
 Since the person obligated to pay will insist on the surrender of the instrument,
this procedure also prevents the judgment-debtor or anyone else from receiving
payment. See article 412 of the C. P. C
Here above, we have seen the different methods of attachment. Following also we may
consider the procedure to be followed after the property has been attached. Per article
415 of the C. P. C, the attachment is to be withdrawn only under one of the following
circumstances:
1. when the amount decreed with costs and all charges and expenses resulting
from the attachment of the property have been paid into court; or
2. when satisfaction of the decree is otherwise made through the court or
certified to the court; or
3. when decree which is the subject of the attachment is set aside or reversed. In
case of immovable property, the withdrawal must be proclaimed, if the
judgment-debtor so desires and at his expense, in the same manner as was
the attachment.
Note that the attachment is withdrawn only where the amount paid into court satisfies
the amount of the decree. If that amount is subject to rateable distribution, the
attachment should not be withdrawn. Also, the Code says that the attachment "shall be
deemed to be withdrawn." Upon the satisfaction of any of the three conditions
mentioned above, the attachment is automatically bvnwithdrawn, and no further
action on the part of the court is necessary. Any property in the custody of the court
should then be returned to the judgment-debtor or the person from whom it was taken.

37
If, due to the default of the decree-holder, the court is unable to proceed further with
the application for execution after property has been attached, it may dismiss the
application or, for sufficient cause, adjourn the proceedings to a further date. If the
application is dismissed, the attachment automatically ceases to be effective. See article
417 of the C. P. C

Objections to attachment
Property may not be subject to attachment either because it is exempted from
attachment or because it is not the property of the judgment-debtor. See article
418 of the C. P. C
The judgment-debtor may file an objection to the attachment on the ground.
So too, where a debt allegedly owing to the judgment-debtor, a share in the
capital of a corporation or property in the possession of a 3rd party has been
attached.
Officer of the corporation or party in possession may file an objection to the
attachment or prefer a claim to the property.
 Upon receipt of the application, the court proceeds to investigate the claim or
objection; where the claimant or objector was not a party to the original suit,
he becomes a party to the proceedings for the purpose of the court’s hearing
his claim or objection, and is subjected to the power of the court with respect
to examination and the like as if he were a party. See article 418(1) of the C PC
 After the investigation, if the court is satisfied either for the reason stated in
the application or for any other reason, the property is not subject to
attachment.
 It is to release the property, wholly or to the extent it thinks fit, from the
attachment.
 If it is satisfied that the property is subject to attachment, it will disallow
the claim or objection. See article 419 of the C. P. C.

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