Obligation to State Reason of Dismissal by Cassation and Appellate Courts

By DMLF Team

The Federal Supreme Court is asserting the fact that appellate courts and cassation courts have a duty to state reason for dismissal. The trend has been to dismiss and close files with a form without any reason stated. According to the Federal Supreme Court, such procedures have created so many disappointments and distrust on appellants and applicants. To reverse these procedures, the Federal Supreme Court has introduced a directive and a letter that orders cassation divisions and appellate courts to provide reasons when dismissing cases, respectively.

The Cassation Division Procedure Directive No 17/2023 (effective as of April 27/2023) obliges the Cassation division to provide reasons for dismissal of application of the applicant. The Cassation Division to which three judges of the Federal Supreme Courts sit, when it concludes upon examination of the application that there is no basic or fundamental error of law, it shall order the dismissal of the application. Article 7 of the Directive provides that upon such dismissal, the Cassation Division is required to state the reasons for rejection of the application. By law, the cassation division to which three judges of the Federal Supreme court sit, is required to provide a reason or reasons why the application is dismissed.

Likewise, in a letter dated June 7,2023 Ref.No M/1-29/4308, the Federal Supreme Court has directed all appellate courts to state reasons for dismissal of an appeal under Article 337 of the Civil Procedure Code. The letter covers the advantages of stating reasons for dismissal from the perspective of natural justice, Civil Procedure Articles 3 and Article 182 and maintaining the trustworthiness of the judiciary to the public. The implementation of this procedure is effective as of June 14,2023.(Credit to Daniel Fikadu Law Office)

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