“Balancing Execution of Decrees and Stay of Execution In Civil Proceedings: The Law and the Practice in Federal Courts of Ethiopia”
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Date
2022-09
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Addis Ababa University,
Abstract
For States to build and develop a strong and respected judicial system, proper, effective, and
efficient enforcement of court decisions is critical. In principle, all decrees have to be
executed However, when the interest of justice so requires, execution may be stayed by the
order of the judiciary. That is why the researcher is interested in doing this thesis. The main
objective of the study is to assess the legal and practical gaps associated with the stay of
execution with in the federal courts.
To address these objectives the basic research questions were; why and when a stay of
execution order has been given, what is the obligation of the party who applies for the stay of
execution order, and what are the main challenges of a party who seek a stay of execution, Is there
a gap on the law concerning stay of execution, Is it possible to balance the execution of a
decree and stay of Execution And What does the practice look like in the federal courts of
Ethiopia
To address these, doctrinal legal research was employed. The finding was Ethiopian civil
procedure code follows a non-automatic stay of execution of order or decree. The federal
court judges have a knowledge gap and lack of consistency as well as applications of the civil
procedure code concerning providing a stay of execution by the rendition court. Federal
courts have a problem with the lack of statistical data. The researcher has suggested the
amendment of civil procedure code provisions regarding the stay of execution. And extensive
job training is required especially for judges, and lawyers. And finally, to have sufficient
information about the issue a data recording system regarding the stay of execution order or
decree shall be demanded.