Issue Framing and Allocating Burdens of Proof in Civil Cases: A Comment on Ato Gebru G/Meskel V Priest G/Medhin Reda Case

Abstract

Plaintiff Ato Gebru G/Meskel instituted a claim before the High Court of Mekele Zone, Tigray Regional State, asserting that a loan contract had been entered into between him and defendant priest G/Medhin Reda. He averred that he, upon request for loan by defendant through telephone, transferred 50,000 Birr through Wegagen Bank from Addis Ababa to Mekele which he said defendant collected in due time. Expressing that defendant failed and refused to pay back the loan money, he requested the court to give an order that compels defendant to perform his obligation including payment of legal interest, lawyer’s fee and other litigation costs.