Is Justice On Hold? Juggling Execution And Appeals In Ethiopian Courts

Have you ever prevailed in court only to have the opposing side file an appeal? Or have you been on the side of appeal, fearing that you will lose everything before your appeal is even considered? The core of civil law's "stay of execution" is this tension.

The right to appeal is essential in Ethiopia, as it is in many other countries. However, while an appeal is pending, what happens with the initial court order? According to Articles 332–336 of the Ethiopian Civil Procedure Code, an appeal does not always result in the suspension of execution. There are strict preconditions on when a stay can be granted.

The Increasing Concern

A worrying pattern has recently surfaced in certain civil benches of the Ethiopian Supreme Court. Article 335(1)(c), which requires appellants to deposit funds or provide security to ensure they can satisfy the judgment if their appeal fails, is reportedly being applied broadly and arbitrarily. This raises serious concerns on three