Assu - Esuba 2
Assu - Esuba 2
Assu - Esuba 2
SCHOOL OF LAW
ID: 4883
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Table of Contents
Table of Contents........................................................................................................................................2
Acknowledgment.........................................................................................................................................3
Introduction...............................................................................................................................................4
Chapter one.................................................................................................................................................5
1.1 Objectives of the court......................................................................................................................5
1.2 Missions of the court 5
Chapter two.................................................................................................................................................6
2. Jurisdiction and structure of Gambella town high court.....................................................................6
2.1. Jurisdiction....................................................................................................................................6
2.2. Structure of the Gambella Town high court........................................................................................6
2.2.1. Office of the president of the court.................................................................................................7
2.2.2. Office of the registrar........................................................................................................................7
2.2.3 Civil proceeding bench......................................................................................................................7
Chapter three..............................................................................................................................................8
3. Activities performed during my externship and Challenges I faced and gaps I observed......................8
3. 1. Activities performed during my externship.....................................................................................8
1. Seeing, observing and examining dead files....................................................................................9
2. Attending court proceedings..............................................................................................................9
3. Assisting judges in civil proceedings..................................................................................................10
4. Attending criminal bench proceeding................................................................................................11
3.2. Challenges I faced and gaps I observed..............................................................................................11
Chapter four..............................................................................................................................................12
4. Conclusion and recommendation..........................................................................................................12
4.1. Conclusion......................................................................................................................................12
4.2. Recommendation...........................................................................................................................13
Case analysis..............................................................................................................................................14
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Acknowledgment
First I would like to thank Gambella University School of law for assigning me in place where I
want to work. I also would like to thank Gambella town high Court for giving to me the
opportunity to do an externship with in the institution. For me it plays a significant role in
experiencing the law or study the law in action, and also I want to thank Judge Omod Okache,
Gntado Opede and my supervisor doctor Thwol Okado for their cooperation in giving me more
experience of the law. Finally I want to thank all the workers of Gambella town high Court for
their cooperation in different role within that institution and help me for the accomplishment of
externship period in convenient condition.
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Introduction
Gambella University arranges externship program to law students in order to give the students
the opportunity to gain practical work experience while still in university. Accordingly, as one of
the student of Gambella university school of law I arranged at Gambella town high Court. This
paper is focused on the externship activities that are done by me during the period of January to
April 2015 at Gambella town high Court. The report gives clear description about the practice of
the court during my externship period of January to April 2015 E.C and observation of the
training during the practice. The paper gives an idea for the school for the activity of the training
during the externship practices and from the duties of the trainer which are observed all practice
applicability of the law in the court, observing different benches, services dead cases, pleading,
charges, statement of defenses. How the judge can extract audiences, interviewing different
peoples, president judge, prosecutor and the society and writing the charges, summons, judgment
writing and observing how the parties are using all their rights and duties during litigation.
This paper consists four parts. In the first part background of the court, the structure of the court,
jurisdiction of the court, bench, and the principle of the court are stated. The second part is about
the externship program which is observation and reflection of externship in both civil and
criminal issues. The third part consists about the challenges and merits of externship program at
Gambella town high Court in different aspects. The last part deals about summery or concluding
remark of externship report and recommendations for some limitation of the institution selected
by the extern.
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Chapter one
1.1 Objectives of the court
The court has the following objectives to enhance the proper implementation of
laws and better administration of justice. Those are
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Chapter two
2. Jurisdiction and structure of Gambella town high court
2.1. Jurisdiction
Jurisdiction is the power of the court to see and entertain cases and passing
decisions on them based on applicable governing law. Jurisdiction can be of three
types based on law, parties and place. These are judicial jurisdiction, material
jurisdiction and local jurisdiction. Based on the nature of the case, types of parties
involved in the case, interest affected and relief sought. Gambella town high court
has both civil and criminal jurisdiction on civil and criminal matters. Gambella
regional state high court has criminal jurisdiction on matters stipulated in criminal
procedure cod of 1965 like charges brought under special legislation, contraband,
offence against national economy, use of forged instrument, damage to service and
installations of public interest, aggravated breach of public trust, theft robbery and
aggravated cases of damage to property and so on. The Gambella Town high court
has also a civil jurisdictional right by delegation from the federal gov.t matters
over created in A.A and issues a raised between parties live in d/f regions. And
also a pecuniary jurisdiction over matters on more than 500,000 Ethiopian money.
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Chapter three
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I have generally undergone the following observations and performances
periodically during my extern starting from my arrival at Gambella regional high
court. Those are
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3. Assisting judges in civil proceedings
Up on finishing attending civil bench proceedings the judges gave me an active file
so that I can frame issue from what alleged and what denied from the applications.
In case I frame improper issues or leave some important issues must be framed, the
judges showed me every procedure that could enable me to be good lawyer.
1. Before the opening of file the office of register shall check the pleading
fulfill the technical requirement based on article 222 of the civil procedure
code. Then if the technical requirement is fulfilled the registrar send the
pleading to the bench. The bench which received the pleading shall check
the statement of claim. Or the court has to check the legal requirement is
fulfilled or not based on article 231 and 244.
2. If the legal requirement is fulfilled then the next step is issuing summon for
the respondent. After summon is issued it is collected from a court and
served on defendant by serving officer usually by the plaintiff and they are
three types of mode of service which are (a) personal service (b)
constructive service when we do not find the defendant and there are no
agent which are specifically authorized to take summon (c) substituted
service which is finally used when all other mode of service are not
applicable and the serving officer who is not able serve shall return to the
court with the summon then the will order substitute service as to 103 of
civil procedure code. Then if the summon is properly given to respondent
the next step will be pretrial.
3. Pretrial stage the judge will frame issue. In this stage it is made preparing a
case for trial and examines the parties. Checking appearance and
nonappearance of parties.in the pretrial stage if the parties agree in some
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issue then the judge will pass this issue and will frame issue on those points
that the parties fell to agree.
4. Trial, were the parties appear the court verifies their identity it then read the
pleading and ask the parties on the pleading, the court then evidence if it is
necessary, this during the examination in chief the proponent title to develop
the testimony of the witness in the light most favorable to him and most of
the truth by asking the witness and during cross examination the opponent
tries to discredit that testimony and during reexamination the proponent try
to minimize the effect of cross examination.
5. Judgment, this is the final stage or the end of litigation. The judges after
finalizing examine the witness; examine the document provided by the
parties if any then the judge gives verdict. If there are several issues then the
judge is expected to give judgment in each and every issue. But the judge
shall not award what parties not sought and never omit to give judgment on
which parties prayed.
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3.2. Challenges I faced and gaps I observed
General challenges
There are some challenge’s I faced and gaps I observed during my extern in
criminal and civil proceedings
Most of the time the litigation take place by the plaintiff and the defendant by
themselves the problem is that they are layman they do not have legal
knowledge. At this time the judge rather than adjudicate the case he started to
give legal advice to parties. In my bench the judge became upset because it
Makes burden for the judge. Also the judge will be councilor for the parties
rather than engaging in the legal work.
Some witnesses also does not have the knowledge about why came to the
court and highly fearing the court do to the absence of knowledge and
missing even very simple questions raised by the judges.
There is a gap in applying the procedure of the law especially on the side of
the police. However, most of the time the police officer does not bring
suspect as soon as they have caught the accused. They detain them for many
days without bringing them to court. So this male practice contradicts the
basic right of the suspect and also essence of the law.
Personal challenges
When we start our externship we are in a great fear, because, we are not
familiar with the court preceding that much before that time.
Personally I challenged do to less experienced and I do not know some legal
terminologies to work with judges as intended.
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Chapter four
Also I was thinking laws in theories are usually soft rules, but thanks to the
externship program I have gotten a golden chance to see laws in motion when legal
professionals decide and when they perform the decision. I have learned the force
of law more during the extern than at class, because I observed it with my necked
eyes. I am now empowered enough to differentiate criminal issues from civil
matters and the level or types of proof and evidence they require and I am also
involved in entertaining cases during the extern.
4.2. Recommendation
Courts, public prosecutors and polices should strictly apply the procedure
correctly and engage their works will prepared enough. The purpose of this is
necessary to give an immediate judgment on those who caught up on
committing a crime flagrantly. But all the stakeholders lag behind on this.
Therefore, polices should brought he accused immediately to courts, public
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prosecutors should made their prosecution as soon as possible and courts should
timely dispense such case.
Accused persons do not know the rights they are entitled before, during and
after trial. So there should be awareness creation program to raise the
understanding of the public about their right
Sometimes the Public prosecutors are preparing the charges based on the
provision which is not appropriate to the alleged crime. This negatively affects
accused person. This in general is against the principle of justice. So the public
prosecutors should prepare the charge based on appropriate provision of the
law.
On the side of the government also should increase the salary of judges. The
service given by judges and the reward they have been given is incompatible.
This discourages them to do their job properly and diligently open their
possibility of making corruption. Judges should be economically independent
and they should be paid what they reasonably deserve.
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Case analysis
I have observed many cases in Gambella town high court. From among these cases I have
attached one case I have fully participated. Even if I have participated in many cases I only
attached one simple case.
File no 22879
These cases is absence declaration and at the same time a divorce case submitted by d/r Omod
Okelo filing for absence declaration and at the same time divorce before the Gambella town high
court. d/r Omod Okelo and his wife were married in 13/1/2013 E.C before the civil status and
living together for two years with love but they have no children born however w/ro Gntado
Abebe was absent after April 16/8/ 2015 E.C and d/r Omod Okelo his husband try to find his
wife by using any necessary mechanisms but not able to get any information about his wife and
stay for four years by expecting it comes back to house us he proofs to the court. Then after it
request the court to declare absence and give judgment on divorce based on the civil code art 154
by producing fore witness and a certificate of marriage that intends able to proof the fact b/n his
and his wife and both the witnesses and the certificate proof the existence of marriage and the
absence of w/ro Gntado Abebe for the last four years and proof the efforts of d/r Omode for to
get his wife so the court after varfing all facts give judgment on absence of w/ro Gntado based on
the civil code art 157 and from standing the civil code art 163 says the marriage of the absentee
shall be dissolved on the day on which the judgment declaring the absentee has become final
deciding the on divorce b/n d/r Omod Okelo and w/ro Gntado Abebe.
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