AMBO UNIVERSITY

SCHOOL OF LAW
Externship Report February 20 – April 28,
2023 G.C

At Assosa Zone High Court.

Extern: FATUMA AHMED

ID No: R/26500/11

Field Supervisor: AYINALEM.B(LLB.LLM)

May,2023
 Table of Contents
I. Acknowledgement.........................................................................................................................3
II. List of acronyms and Abbreviations...............................................................................................4
III. Introduction and Structure of the Report..................................................................................5
CHAPTER ONE........................................................................................................................................6
1. GENERAL OVERVIEW OF THE COURT.............................................................................................6
1.1 Introduction...........................................................................................................................6
1.2 Back Ground of Assosa zone High court................................................................................6
1.3 Objective, Mission and Jurisdiction of Assosa High Court......................................................7
1.3.1 Objective of the Court....................................................................................................7
1.3.2 Mission of Assosa Zone High Court................................................................................7
1.3.3 Jurisdiction of Assosa zone High Court..........................................................................7
1.3.4 Court Divisions and Sitting of Judges.............................................................................8
CHAPTER TWO.......................................................................................................................................9
2 GENERAL REMARKS.......................................................................................................................9
2.1 Introduction...........................................................................................................................9
2.2 General Observation of the court..........................................................................................9
2.3 Strong Aspect of Assosa Zone High court............................................................................10
2.4 Weak Aspect of Assosa Zone High Court.............................................................................10
2.5 Gaps between the law and the practice..............................................................................11
2.6 Experience I got from my Practice and contributions I made to the court..........................14
CHAPTER THREE..................................................................................................................................15
3 LIMITATIONS AND CHALLENGES..................................................................................................15
3.1 Introduction.........................................................................................................................15
3.2 Limitations and challenges on the Implementation of the Externship.................................15
Chapter Four........................................................................................................................................16
4 Conclusion and Recommendations..............................................................................................16
4.1 Conclusion...........................................................................................................................16
4.2 Recommendations for the Assosa Zone High Court and Ambo university law school.........17
4.2.1 For Assosa Zone High Court.........................................................................................17
4.2.2 For Ambo University law school...................................................................................17
References...........................................................................................................................................18
 I. Acknowledgement
I want to take this opportunity, with pleasure, to Thanks all those who, in one way or the
other, contributed to make my externship successful. First of all, let my gratefulness goes to
the omniscient God. Then I greatly value the guidance, comments I got from my Supervisor
Ayinalem.B(LL. B, LLM). I would also like to extend my thanks to staffs and judges of
Assosa Zone High Court for the achievement of the externship.

Thirdly I want to thank all the extern’s, with whom I did the externship time. We experienced
great things together and they have shown me a good sharing of knowledge and skills.

Furthermore, I would like to my deepest gratitude to Ambo University School of law which
creates this opportunity for me in building substantive and academic knowledge and skill
though practice and equipment with practical knowledge and skill that would definitely assist
me in my forthcoming professional career.

At last, but not least I also would like all the people that worked in the office of Assosa Zone
High Court with their patience and openness they create an enjoyable work.

Preface
This document contains the report of my externship period conducted at Assosa Zone High
Court for the time period Yekatit 13 up to Miazia 20 ,2015. The essential requirement for
completion of LL, B program at Ambo university school of law to follow two months’
externship training with an institution of government or non-government which has a law
related department and to write a report on it. During my externship at Assosa Zone High
Court I had get a knowledge by reading dead files, observing court trial and the jurisdiction
of the court both of its first and appellate jurisdiction. The externship report is divided in four
main sections. The first section gives a general introduction of the of the externship
institution the second section provide an overview of the externship in practice and the duties
and tasks that I was assigned to do and the third section is devoted to the knowledge and
experience that I gained during the course of externship highlighting the linkages with the
LLB programme the fourth section deals about the challenges and constraints that I have
faced in my stay and finally about the conclusions and recommendation on the
implementation of externship programme.
 II. List of acronyms and Abbreviations
Art-Article

Pro: -Proclamation

FDRE: Federal Democratic Republic of Ethiopian Constitution

CPC: Civil Procedure Code

CL: Criminal Law.

Cr PC: Criminal Procedure Code.

AZCH: Assosa Zone High Court.

 III.Introduction and Structure of the Report
Apparent ship is a legal and practical training of appetencies in different legal institutions.
The institutions are aimed at protecting and promoting the human and democratic rights of
the individuals and the public as well. In relation to this the students were honoured to have
such training in courts, justice departments and other public institutions. These has long stood
and advantageous to students, who have legal knowledge to have practical experience to be
skilled and well trained in court proceeding, case handling, advocacy etc. the institution has
its own aim and goal to promote justice in clear, legal, timely and in proper manner. As long
as these objectives and goals were needed the students should have to know those justices’
handling system in practical way by participating and observing that legal institutions. So,
depending on such goal my school give me a chance to attend and observe practical aspect of
legal issues at Benishangul Gumuz Regional State Assosa Zone High court. Assosa Zone
High Court is among outstanding high courts located in Benishangul Gumuz.

Regarding structure of the report, this report has four chapters. The first chapter deals with
the general overview of the which include Background of Assosa zone High court, Mission
and Jurisdiction of Assosa Zone High Court and Court Divisions and Sitting of Judges. The
second chapter deals with the general remarks which include General observation of the
court, strong and weak aspect of Assosa Zone High Court, gaps between the law and the
practice and experience I got from my Practice.

The third chapter deals with Limitations and challenges on the Implementation of the
practice. Finally, the report winds up by addressing conclusion and recommendations.
CHAPTER ONE

1. GENERAL OVERVIEW OF THE COURT

1.1 Introduction
Under this chapter we need to see general overview of the court which I attend for the
practice. So, I want to explore some points regarding background of the court, Mission and
Jurisdiction of Assosa Zone High Court and Court Divisions and Sitting of Judges in the
court us I observe during my stay.

1.2 Back Ground of Assosa zone High court

According to the information I received from the president of the court and other workers of
the host institution, The Asosa Zone High Court has a long history as an institution since its
establishment in 1985 E.C. The Asosa Zone High Court has been improved over the past
decades since the Derg era. In 1994 E.C, the Asosa Zone High Court was established under
Article 78 of the Federal Constitution. And its working language is Amharic and it acts as
high court for all woreda of Assosa zone.

It’s as far from Addis Ababa capital city of Ethiopia by 658km. The benches in the court are
majorly categorize into civil and criminal benches and family and children division

The extern has carried out the externship work in Assosa Zone High Court which is one of
the one high courts in Assosa town. The Asosa Zone High Court is located in Asosa, the
regional capital. The location of the facility is in the center of the city, making it accessible to
the court's clientele.

The court has different types of benches. Those benches are civil and criminal benches family
and children bench. The civil benches are contract, succession, spouses’ dispute, execution of
decrees and criminal benches.

The regional courts are established as an independent judiciary according to Article 61(1) of
the Constitution of the region. Art 79(1) of FDRE constitution provides judicial power vests
only in courts unless there are institutions legally empowered to exercise judicial functions.
The Benishangul Gumuz Regional Courts shall have three levels namely, the Supreme Court,
the High Court and the District Court. Assosa Zone High Court one among 3 high courts
established in the region. The court is located in Assosa town. It has 10 district courts which
shall be responsible to Assosa Zone High Court. Regarding the division of benches, the court
has Civil Division, Criminal Division and Family and Children Divisions. Civil bench has 3
judges among them 1 female and 2 male judges. Criminal Division has 6 judges among them
4 male and 2 female judges, Family and Children division has 3 judges among them 2 male
judges and 1 female. So totally the court has 12 judges.

1.3 Objective, Mission and Jurisdiction of Assosa High Court.

1.3.1 Objective of the Court.
Assosa Zone High Court has the following objectives:

 To safeguard the individual and group rights and freedoms guaranteed by the federal
and the regional constitutions;
 To resolve disputes arising between different persons and render justice on the basis
of law;
 To ensure the rule of law thereby contributing for the development of the democratic
system.

1.3.2 Mission of Assosa Zone High Court.

Courts have a general mandate to provide accessible, efficient and effective judicial services
impartially based on the law. They must discharge their responsibilities independently and
diligently. AZHC has its own special mission to present on issues. In addition to the exercise
of first instance jurisdiction, the court also has the power to revise the decisions of the lower
courts which have procedural and procedural errors. Thus, the courts are expected to
supervise and support the lower courts.

1.3.3 Jurisdiction of Assosa zone High Court

Assosa Zone High Court has the following jurisdiction in relation to matters arising in the
boundary of the zone administration:

A. First instance jurisdiction

 Civil matters regarding movable property where the amount involved exceeds Birr
one million and immovable property where the amount involved exceeds Birr three
million. As per Art 30(3) of Benishangul Gumuz court establishment proclamation
216/2011 E.C.
 Criminal matters the punishment of which may go above fifteen years’
imprisonment as per Art 30(2) of Benishangul Gumuz court establishment
proclamation 216/2011 E.C.
 A first instance jurisdiction over jurisdiction of the Federal First Instance Court
pursuant to Article 80(4) of the Federal Constitution.
  Application for change of venue from one District Court to another or to the High
Court, in accordance with the relevant procedural law. As per Art 30(5) of
Benishangul Gumuz court establishment proclamation 216/2011 E.C.

B. Appellate jurisdiction
 An Appellate jurisdiction over decisions, on civil and criminal matters, of the District
Courts of the zonal administration rendered in their first instance jurisdiction as per
Art 30(1) of Benishangul Gumuz court establishment proclamation 216/2011 E.C.
 Unless the jurisdiction is given to a different level of court by another law, the High
Court has an appellate jurisdiction over decisions of tribunals given based on their
legally recognized power. The decision of Assosa Zone High Court on such matters
shall be final and non-appealable

1.3.4 Court Divisions and Sitting of Judges

Regarding division of courts, Assosa Zone High Court has three benches.

 Civil Division-Comprising 3 judges.

 Criminal Division –comprising 6 judges
 Family and Children Division-Comprising 3 judges.

Regarding sitting of judges any case at the Assosa Zone High Court should be decided by at
least three judges sitting.
CHAPTER TWO

2 GENERAL REMARKS

2.1 Introduction
Under this chapter I try to elaborate about my general Observation of the court, Strong and
Weak Aspect of Assosa Zone High Court during my stay, gaps between the law and the
practice and finally about Experience I got from my Practice. So let see them under separate
section.

2.2 General Observation of the court.

Since Assosa Zone High Court is in principle and appellate court, most of the case
entertained there are appealable case. During my stay at criminal bench which lasts I am
trying to see many things starting from observing court litigation up to judgment writing.
Under this bench any case has been seen by three judges and discusses each issue in detail by
connecting the fact in the file and proper legal issues as the case requires. Before starting the
litigation, all judges prepare their file for the day and requires the parties to enter in to court
room and examining them accordingly.

In time of judgment before pronouncing the judgment to the parties a judge who examines
the file read the case and the evidence in the file in detail and present for those judges who
doesn’t examine the file and presents his position to the decision with his reason. Then if
other judge doesn’t agree with the position of the judge, they try to present their position with
their reason and discuss in detail. Finally, if they agree on the final decision, they will make
their signature and pronounced by the presiding judge for the parties. Provided that any judge
dissenting from the decision of the majority shall state in writing the decision which he thinks
should be made together with the reasons there. All the above activity has been also made in
all other benches.

Regarding giving adjournment, the court has its own schedule outline the so-called agenda
(which is condensed by time and space) and give appointment depending on the detail of
cases as well us interest of parties. There are parties which come from remote area district
courts almost far from the high court up to 110 km. So, the court gives adjournment by taking
such thing into consideration.
 Regarding oral examination, hearing of witness and making hearings all benches as much as
possible try to stick to the law and referring articles in time of need. Generally, I observe
many things which I try to point in detail under next section.

2.3 Strong Aspect of Assosa Zone High court

Assosa Zone High Court has bundle of strong sides but I try to point out only some points
which are relevant for the report.

 The judges are well organized and experienced in handling cases and parties.
 Since each cases have been decided by three judges, individual judges analyse each
issue in the file and its fact by making analysis with the relevant provisions in time of
discussion. Such developed habit helps to give right decision for the parties.
 There is a best relationship between judges, registrars and other supportive workers
which helps the parties to get speedy and effective service from the court.
 Some judges are active in analysing issues and access new and updated laws for
making a decision.
 Judges use binding decision of federal cassation decisions starting from vol 1-24 is
the case may require.
 The judge strongly respects the human and democratic right of each party and gives
enough chance for the parties to express their case in detail and even their feelings. It
is clear that many parties are at fear when they close to judges in court room. So the
judge makes them free to express their case without any fear of court environment.

2.4 Weak Aspect of Assosa Zone High Court.

Assosa Zone High Court has no us such bold weak sides but during my stay I observe the
following weak sides.

 Judges give appointment by citing the time and the day for the next appointment. But
at the time of naming the parties there is a failure to observe the right time written in
the file. For example, if the appointment is given at 4:00 o’clock, the judge may name
the parties at 5 or 6 o’clock.
 Some judges are not interested to give full information about the files they work and
are not willing to give details about the case and the provision they use.
 Some judges have no strong discipline and enough judicial ethics in handling parties
in court room.
  Some judges are not enough updated with new and updated proclamations and may
give decisions with repealed laws.

2.5 Gaps between the law and the practice.

These report papers cover the theory of law, law in action in general and the custom and the
practice of the court. The purpose of externship is to enable the students observe the real
application of the law. This part mainly focuses the problem of law in theory and law in
action and the need of law student to practice side by side with the theoretical education. The
aim of externship program is to link the law student knowledge of the law with the real-world
court experience. It also has the purpose to provide the students obtain unforgettable and
incredible experience enable the student having good profile in the law. The purpose of
attaining law school is to have legal knowledge and skill on law field. So, the theory and the
practice are two distinct but related events. Therefore, the main purpose of the program is to
enhance opportunity for student to get valuable practical skills, confront actual legal problem,
analyse the case and explore various role that legal professional play, in short to link the
students’ law in action with law in theory. So let us explore some gaps between the law and
the practice that has been seen during my stay.

a. Regarding Criminal law and Criminal Procedures.

 Regarding Art 627(1) of Criminal Code -Here the law provides that whoever
performs sexual intercourse with a minor of the opposite sex, who is under the age of
thirteen years, or causes her to perform such an act with her, is punishable with
rigorous imprisonment from thirteen years to twenty-five years. Here even the caption
provides it is a crime of Sexual Outrages Committed on Infants. Here the law needs if
a child doesn’t object the act and proved that she gives her consent, because of her
age only a man performs a sexual intercourse with minor he is liable. Here as per this
art the prosecutor will not oblige to prove use of violence or grave intimidation by the
defendant unlike Art 620(1) of Criminal Code. But as I observe on some cases the
public prosecutor is required to prove whether there is violence or grave intimidation
made by the defendant during sexual intercourse.
 Regarding Hearing of Criminal Cases: Art 123 of Cr PC provides when the charge
has been filed under Art. 109 of CPC, the court shall forthwith fix the date of trial and
cause the accused and the public prosecutor to be summoned to appear on the date
and at the time fixed by the court. It shall take such steps as are necessary to secure
the attendance of the accused, if in custody. Here the law requires that accused should
 know the charge before he is brought to the court and required to properly summon to
appear to court. But in practice I observe in the court, without fixing a date of hearing
public prosecutor brings his charge together with the accused. The accused knows the
charge only at the time of his attendance in the court. The accused has no enough time
to know the charge and doesn’t appear to the court by his consent.
 Regarding Settlement of objections: Art 131(2) of Cr PC provides that the court
shall decide forthwith on the preliminary objections where the objection can be
disposed of by reference to the law or the facts on which the objection is based are not
disputed by the prosecutor. So, in principle the court is required to give decisions
forthwith without giving adjournment. But it possible to give adjournment
exceptionally owing to lack of evidence. Here the law needs non delay of cases. But
in practice I observe in Assosa Zone High Court some judges for a simple objection
which doesn’t need any necessary evidence they always give adjournment more than
two weeks for settling the objections. Such devoting practice has no such importance
rather than delaying justice.
 Regarding content of criminal judgement: Art 149(1) of Cr PC provides the
judgment shall be dated and signed by the judge delivering it. The judgment shall
contain a summary of the evidence, shall give reasons for accepting or rejecting
evidence and shall contain the provisions of the law on which it is based and, in the
case of a conviction, the article of the law under which the conviction is made. Here
the judgment shall contain a reason for accepting or rejecting any evidence in the
process of hearing. But in practice decisions of some judges totally have no reason in
rejecting or accepting evidence of the public prosecutor or defendants. Such act of
devoting from the law entails for the parties to take appeal as well as non-chance of
examining their evidence which is not accepted by the judge.
b. Regarding civil procedure code.
 Regarding Modes of Service of Summons: The law provides that the mode of
service of summons used determines its legal sufficiency. Service is legally sufficient
if the mode of service used is reasonable under a given circumstance. If the mode
employed is, however, not deemed to be sufficient, the court cannot proceed with the
case and make a valid decision since it affects the opportunity to be heard that is
available to the defendant. Thus, the mode of service to be used should be reasonable
in a given circumstance. The first mode is known as personal service. Summons is
 said to be served in personal mode if it is received by the defendant himself from the
hands of a serving office. Personal mode of service is the best mode of service since
the summons is actually handed over to the defendant himself. It is when it is
practically impossible to use personal service that other mode of service is to be used.
This can also be gathered from the rule under Article 105(1). According to this
Article, another mode of service is to be used if service cannot be made in an ordinary
way. Ordinary way refers to personal service. Thus, other modes of service are not
applicable unless personal service is impossible.

But in practice in most of cases the court rather than using personal service uses other
mode summon service which is called fixing the summons at defendant’s house which is
known by the least effective mode of service.

 Regarding Examination of parties: Art 241(1) of CPC provides that at the first
hearing of the suit, the court shall, after verifying the identity of the parties if they
appear in person, read the pleadings and ascertain from each party or his pleader
whether he admits or denies such allegations of fact as are made in the statement of
the other party and as are not expressly or by necessary implication admitted or
denied by the party against whom they are made.

But in practice in most cases which attend during my observation judges will not read the
pleadings and ascertain from each party about allegations. They simply ask the plaintiff to
present his case and the defendant replies and finally the plaintiff replies on the case.

 Regarding Amendment of pleadings. Art 91(1) of CPC provides that the court
may at any time before judgment allow either party to alter or amend his pleading
in such manner and on such terms as to costs or otherwise as may be just. And all
such amendments shall be made as may be necessary for the purpose of
determining the real questions in dispute. So in order to allow the amendment the
court shall see whether the amendment is made only for the purpose of justice or
not. Here some people ask the court for the amendment in order to make the case
to be delayed. Such delay results much cost and non-speedy trial and affect right
of peoples not to get speedy trial.

But in practice I see judges allow amendment without observing requirements enshrined
under Art 91 of CPC. Judges allow amendment by simple question of one party. So such
practice creates denial of speedy trial and justice for the society.
2.6 Experience I got from my Practice and contributions I made to the court.
Before externship programme, I already know about law in theory, this programme was
important, it help me to know how the practice looks like. It important to understand the
interaction between law and the practice, conducting case brief by myself and with judge,
create opportunity to examine witness. In general, I got some of the following experience.

 How to examine parties in time of oral litigation?

 How to write clear and convincing judgements both in civil and criminal matters.
 I got experience how to make connection the fact at hand and the relevant law for the
case.
 I got experience of how to handle parties in time of litigation.

During my stay I have participating in examining witness, conducting oral litigations and
examining active files and preparing decisions for judges. So, I have contributed for the court
in decreasing work load on judges and minimizing active case in the court.
CHAPTER THREE

3 LIMITATIONS AND CHALLENGES

3.1 Introduction
Under this chapter I try to elaborate about Limitations and challenges on the Implementation
of the Externship. Here I have experienced as such much limitations and challenges during
my stay in the court. But I try to raise some limitations and challenges encountered me during
my stay.

3.2 Limitations and challenges on the Implementation of the Externship.

Unlike judges who have detail legal knowledge and experience some judges have no
enough legal knowledge and have no interest to share their experience to me. Additionally,
since the court has no enough organized library, I have no access to get some legal materials
in time need. A field of law by itself required sufficient communication on issue of fact and
issue of law if not it will affect the justice system of the country. Regarding limitations, since
the time is not enough for making detail practice, I have no chance to see all benches in
detail. For example, I stay in the criminal and civil bench only for two weeks.

The court has no enough court rooms in order to conduct litigations in time of appointment.
Three judges work in one room and have no enough space for the parties to conduct all
judges in one time. So, such thing creates delay of naming parties in time of litigations.

Lastly Lack of uniformity in the interpretation of laws and the problem of incompetency of
judges are other limitations and challenge I face during my stay; such thing creates for lack of
uniform decisions for similar cases.
Chapter Four

4 Conclusion and Recommendations.

4.1 Conclusion
Apparent ship is a legal and practical training of appetencies in different legal institutions.
The institutions are aimed at protecting and promoting the human and democratic rights of
the individuals and the public as well. In relation to this the students were honoured to have
such training in courts, justice departments and other public institutions. These has long stood
and advantageous to students, who have legal knowledge to have practical experience to be
skilled and well trained in court proceeding, case handling, advocacy etc. the institution has
its own aim and goal to promote justice in clear, legal, timely and in proper manner. As long
as these objectives and goals were needed the students should have to know such justice
handling system in practical way by participating and observing that legal institutions. So,
depending on such goal my school give me a chance to attend and observe practical aspect of
legal issues at Benishangul Gumuz court called Assosa Zone High court. Assosa Zone High
Court is among outstanding high courts located in Benishangul Gumuz

The courts have an overall mission to impartially render accessible, efficient and effective
judicial services solely based on the law. They discharge their duties with full independence
and high responsibility. Notwithstanding the generality of such mission the different levels of
courts shall have their own specific missions. Assosa Zone High Court imparts the above
mission in general and additionally it has the following specific mission. Assosa Zone High
Court is in principle be as an appellate court, the responsibility of which shall be to rectify, by
way of appeal, the error of law or fact, or any fault of the judgments of the lower courts. So
during my stay in this court, I observe different things in all three benches. I also see gaps
between the law and the practices in different area. So, I got bundle of experience regarding
How to examine parties in time of oral litigation. How to write clear and convincing
judgements both in civil and criminal matters, how to make case brief for other judges us to
the case, the fact and the law, I got experience how to make connection the fact at hand and
the relevant law for the case and I got experience of how to handle parties in time of
litigation.
 During my stay I have participating in examining witness, conducting oral litigations and
examining active files and preparing decisions for judges. So, I have contributing for the
court in decreasing work load on judges and minimizing active case in the court.

4.2 Recommendations for the Assosa Zone High Court and Ambo
university law school.
4.2.1 For Assosa Zone High Court
 The court prepares short time training and gives technical training to judge about
the updated laws.
 The court should manage those experienced and legally updated judges equally
among all benches to share their experience for those in need.
 The court should arrange discussion programmes for those problem raised by
parties regarding speedy court service.
 The court should allocate enough budgets for having enough court rooms.
 The court should make liable those judges who violate ethical rules and standards
of the court specially in handling parties.

4.2.2 For Ambo University law school.

 The law school should form linkage with such institution in a proper manner.
 The time of externship should be conducted in early time. The school should arrange
enough time which make students to get enough time for the practice.
 Continues follow up should be required from the school.
References
 Federal Democratic Republic of Ethiopian Constitution
 Proclamation No.185 Of 1961 Criminal Procedure Code
Of Ethiopia
 Proclamation No.414/2004 (The Criminal Code of the Federal Democratic Republic
of Ethiopia).
 A Proclamation to Redefine the Structure, Powers and Functions of the Benishangul
Gumuz
Regional State Courts Proclamation No. 216/2018
 Civil Procedure Code