Justice in south wollo zone law and practice i suth wollo zone | Page 13

Apart from this in civil cases a party may apply to the court of rendition to review
its judgment on the ground of newly discovered evidence. 10 But article 6 of the
civil procedure code provides that such review by court of rendition is possible
only where NO APPEAL has been taken from the judgment. Despite this, in
practice a person who has taken his case to appellate court can request the court of
rendition to review its judgment on the ground of newly discovered evidence.
Judge Sintayehu yimer give us the following description regarding the
aforementioned gap between the law and the practice
“The maim cause for the prevalence of such practice is the decision of
federal supreme court cassation division. I personally believes that some
decision of federal supreme court cassation division are unfair. In addition
to this it is acting beyond its power since reapplying the clear law is not the
power of the bench. Art. 6 of the civil procedure code is clear (i.e if the
party prefers APPEAL his/her case cannot be reviewed by court of
rendition). If I ignored the decision of federal supreme court cassation
bench by providing a reason that it is acting byond its power and if I decide
the case based the clear provision of the civil procedure code, I will be
pu nished .because according the judicial code of conduct un following
decisions of federal supreme court cassation decision is punishable. And this
is the main reason for existence of gap between law and practice……”
10
Art. 6 of the civil procedure code
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