Challenges to Submit Opposition: the Case of Addis Ababa City Adminstration Regarding Immov Able Properties and Infrastructructre Progects.

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Date

2023-10

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Addis Ababa University

Abstract

As shown throughout the last ten and more years, the City of Addis Ababa has been undertaking the building of massive infrastructure projects aimed at supporting the city’s ever-increasing population. Such projects are never easy to complete, as many private citizens allege that the AACA violates their property rights. Several lawsuits have been filed against the AACA. Furthermore, the ECPC presents a difficult legal environment, particularly in circumstances involving objections to significant projects performed by the AACA. This study investigates the applicability of Article 358 of the ECPC, as well as the difficulties the AACA is having in bringing opposition petitions to courts, particularly in respect to its multibillion birr infrastructure projects. The study underlines the need for a more deep and thorough investigation of the difficulties that the AACA is facing when attempting to execute massive infrastructure projects, including legal challenges. This study employs qualitative study of legal documents, including court decisions. Furthermore, a contextual analysis that takes stakeholder perspectives and historical context into consideration as these can provide a comprehensive understanding of the opposition landscape. The AACA and its many sub-structures face enormous difficulties in bringing opposition petitions to courts of law. The FSCCB’s binding decision in this regard is an example. As a result of such a binding ruling, the city’s multi-billion birr infrastructure projects are lagging; as such decisions effectively prohibit the submission of an opposing petition to the cassation court. This study contends that the AACA municipal government’s justice bureau and prosecutors operating at the Woreda and Sub-municipal levels have the legal ability to file opposition petitions.

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Keywords

Opposition Petition, Ethiopian Civil Procedure Code, Addis Ababa City Administration, Mega Projects, Ethiopia.

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