ADDIS ABABA UNIVERSITY

COLLAGE OF LAW AND GOVERNANCE

EXTENTION PROGRAM LLM IN BUSSINESS LAW
• RESEACH PROPOSAL ASSIGNMENT
•  
• THE TOPIC OF THE PROPOSAL:
• ASSESSMENT OF MATERIAL DAMAGES IN PERSONAL INJURIES BY VEHICLE
ACCIDENT IN ETHIOPIAN TORT LAW AND ITS PRACTICE IN FEDERAL FIRST
INSTANCE COURT KIRKOS DIVISION.
•  
•  
•
• ABEBE ZELALEM ADDIS IDNO-6088/12
•  
• Submitted to--DR. BIRUK HAILE
• January, 2020
•  
 THE TOPIC OF THE PROPOSAL
• ASSESSMENT OF MATERIAL DAMAGES IN
PERSONAL INJURIES BY VEHICLE ACCIDENT IN
ETHIOPIAN TORT LAW AND ITS PRACTICE IN
FEDERAL FIRST INSTANCE COURT KIRKOS
DIVISION.
1. BACK GRAWND OF THE RESEARCH
☻Definitional part:
Damages defined as a compensation for loos or injury paid in
money that a court orders a person to pay because they have hurt
another person or damaged that a person property.
Also it can be defined as money compensation for loss or injury
caused by the wrong full act of another.
● In common law, damages are a remedy in the form of a monetary
award to be paid to a claimant as a compensation for loss or injury.
☻ Legal back ground of damages:
Constitutional base;
● Under Ethiopian legal system the FDRE constitution stipulates
that everyone has the right to protection against bodily harm.
Moreover, it provides that everyone has the right to bring a
justiciable matter to, and to obtain a decision or judgment by a court
of law or any other competent body with judicial power.
• Other laws:
• When we look at an ordinary laws of Ethiopia the FDRE
criminal law provides who ever, by criminal negligence,
causes another to suffer common injury to a person or
to health, is punishable with simple imprisonment not
exceeding six months ,or fine not exceeding one
thousand birr.
• It also provides that the punishment shall be simple
imprisonment for not less than six months, and a fine
of not less than one thousand birr, where the injury
inflected is of the same kind as the
• one stated in article 555, or where it was caused by a person like a doctor or
a driver, who had a special duty to safe guard the body or health of another.

• Whereas the civil code of Ethiopia provides that; ꞌa person shall be liable for
the damage he causes to another by an offenceꞌ. Also it stipulates that ꞌa
person shall be liable---for the damage he causes to another by an activityꞌ.

• From the above legal document in Ethiopia the right to security of a person
is fundamental constitutional right. And its violation can result in both
criminal and civil liabilities. So it is constitutional that everyone can lodge a
claim before court of law in case of damage against his /her body. And get
appropriate remedy both in criminal and civil case.
• The court as the protector of the rights a person have
to give uniform ,predictable ,appropriate and certain
remedy for the victim while assessing material
damages in personal injuries by vehicle accident.
• In this proposal an attempt will be made to legally
analysis of material damages in personal injuries by
vehicle accident under Ethiopian extra- contractual
liability law and its way of assessment.
• Furthermore, this proposal identifies its applications in
federal first instance court kirkos division.
 1.2.Statement of the problem
• The protection of security of a person recognized
under FDRE constitution and its violation incurs both
civil and criminal liabilities. So it is constitutional that
everyone can lodge a claim before court of law in case
of damage against his /her body. And get appropriate
remedy both in criminal and civil case.
• The court as the protector of such rights of a person
have to give uniform ,predictable ,appropriate and
certain remedy for the victim while assessing material
damages in personal injuries by vehicle accident.
• Hence, there is a need for a better
understanding of the existing extra contractual
liability law of Ethiopia, and its
implementation in federal first instance court
kirkos division in assessment of material
damages in personal injuries and knowing the
short coming of both and forwarding better
suggestions.
 1.3. RESEAERCH QUESTIONS
• More specifically, the following research questions need to be addressed:
1.What are the loopholes in assessment of material damages in personal
injuries by vehicle accident under Ethiopian extra –contractual liability law?
2.What is the knowledge of federal first instance court judges at kirkos
division regarding assessment of material damages in bodily injuries by
vehicle accident?
3.Do the federal first instance court judges at kirkos division render uniform
decision on similar issues while assessing material damages in personal
injuries by vehicle accident?
4.IS there any departure between Ethiopian extra- contractual liability law
and it’s application at federal first instance court kirkose division on
assessment of material damages in personal injuries by vehicle accident?
5.What are the criteria used by the judges to
assess material damages in personal injuries by
vehicle accident?
6.Do the law provide a guide line in assessment
of material damages in personal injuries by
vehicle accident?
 1.4. OBJECTIVES OF THE
RESEARCH
♦ The general objectives of the research is to investigate the extra-
contractual liability law of Ethiopia on assessment of material
damages in personal injuries by vehicle accident and identify its
implementation in federal first instance court kirkos division.
♦ And the research has the following specific objectives;
1. To identify the loopholes of extra- contractual liability law of
Ethiopia in assessment of material damages in personal injuries by
vehicle accident.
2. To know the knowledge of federal first instance court judges
kirkos division on assessment of material damages in personal
injuries by vehicle accident
3. To assess the uniformity of decisions on similar issues of the federal
first instance court kirkos division while assessing material damages in
personal injuries by vehicle accident.
4. To know the criteria used by the federal first instance court judges
kirkos division to assess material damages in personal injuries by vehicle
accident.
5. To investigate a guide line provided under Ethiopian extra-contractual
liability law to assess material damages in personal injuries by vehicle
accident.
6. To identify the departure between the Ethiopian extra-contractual
liability law and the practice in federal first instance court kirkos division
on assessment of material damages in personal injuries by vehicle
accident.
 1.5. Preliminary literature review
● There was an article written by Vernon x miller in university of Minnesota law school on
assessment of damages in personal injury actions.
♂ Here the article discussed the damages in general. IT did not make any comparison in
Ethiopian laws.
● There was a research conducted by meaza areya in assessment of moral damages under
Ethiopian tort law and case analysis.
♂ Here the previous research specifically focuses on assessment of moral damages and
analyses of cases in general. It assesses the historical back ground of tort law under the Ethiopian
legal system, its concept in comparison with other countries experience. It also analysis practical
cases in assessment of moral damages by the Ethiopian courts. It did not cover how material
damages assessed generally and specifically in bodily injury cases on a person by vehicle accident
in Ethiopian extra- contractual liability law and its practice by the federal first instance courts
kirikos division.
• Vernon X Miller, Assessment of Damages in Personal njury actions(university of Minnesota law
school,1930)
• Meaza Araya,Assessment of Moral Damages under Ethiopian Tort law; Case analaysis,
(st.m5arys university collage, 2010)
• Whereas my research is on assessment of
material damages specifically in bodily injury
on person by vehicle accident and its practical
application in federal first instance court
kirkose division.
1.6. Methodology of the research
• The research is both an empirical and doctrinal type.
• I will use qualitative method to undertake this research.
• Both primary and secondary source of data will have been used.
♀ primary source such as;
♥ Reading FDRE constitution;
♥ 1961 Ethiopian civil code on extra-contractual liability law and related
provisions;
♥ FDRE supreme court cassation decisions on assessment of material
damages in bodily injuries on a person by vehicle accident.
♥ Interviewing, federal first instance court judges at kirkos division who work
on civil case, and
♥ lawyers who institute civil claims on material damages on behalf of
plaintiffs who suffered bodily injury by vehicle accident.
 ♀ secondary source;
♥ studying the decision of federal first instance
court kirkose division on assessment of material
damages in personal injuries by vehicle accident.
♥ regarding sampling method since the population
is finite to interview judges , lawyers and selecting
cases in the area I will use systematic sampling
method to data collection.
 1.7. Scope of the research
• The scope of this study will be limited to assessment of
material damages in bodily injuries on a person specifically
by vehicle accident. The study also delimited to its area in
federal First Instance Court Kirkos Division on Practical
implementations of Ethiopian extra-contractual liability
law regarding assessment of material damages in bodily
injury on a person by vehicle accident.
• Therefore the scope of the study is limited in terms of area
coverage in its practical implementation of the law and the
types of damages. It also delimits cause of damage and
personal bodily injuries.
 1.8. LIMITATION OF THE STUDY
• As the case for any research this study has its
own limitation.
• The first limitation is that the in ability to
interview all judges and lawyers in the area
due to time and energy constraints.
• The second, limitation is that the inability to
cover all court decisions while studying the
case.
 1.9.THE SIGNIFICANCE OF THE STUDY

• 1. The study forwards better solution to fill the

gaps in Ethiopian extra- contractual liability
law in assessment of material damages in
bodily injury on a person.
• 2. The study minimizes the departure between
the law and the practice regarding assessment
of material damages in bodily injuries on a
person.
• 3. The study offers valuable insight to the Federal First
Instance Court of Kirkos Division on how they are
assessed the material damages in bodily injuries on a
person by vehicle accident and tries to add better bench
marks to assess material damages on a person by
vehicle accident and it has a significance for the court to
render uniform and predictable decisions on the area.
• 4. Since lack of empirical research on the topic it will be
a foundation for further research to be done in the
future.
• 3. The study offers valuable insight to the Federal First
Instance Court of Kirkos Division on how they are
assessed the material damages in bodily injuries on a
person by vehicle accident and tries to add better bench
marks to assess material damages on a person by
vehicle accident and it has a significance for the court to
render uniform and predictable decisions on the area.
• 4. Since lack of empirical research on the topic it will be
a foundation for further research to be done in the
future.
 1.10. DESCRIPTION OF THE STUDY AREA
• Ethiopia has dual court systems which are organized in federal and state
level.
• Recently, the federal courts are situated in Addis Ababa and Dire dawa;
and through delegation the federal first instance court and high court
situated in some regional level.
• The federal first instance court kirkos division is situated in the capital
city of Ethiopia, Addis Ababa.
• The court is found the center of the city in kirkose sub city around kera
village.
• The court entertains different civil and criminal cases of its jurisdiction.
Though I have no data on the number of employees, it has a number of
judges and other supportive staffs to accomplish its mission of
adjudicating cases and rendering justice and equity for the people.
– The end of the slide.