Date: March 26, 2015 E.C.
Legal Rule:
- Proof of Loan Agreements: Loan agreements must be proven by a written contract, a court-administered oath, or a sworn statement. Witness testimony alone is insufficient. (Civil Code Article 2472/1)
Summary of Facts:
The Appellant sued the Respondents for 700,000 Birr, claiming they were heirs to a debt owed by the deceased. The debt was originally owed to Ato Solomon Kebede and transferred to the Appellant. The Appellant argued the debt was acknowledged in the inheritance inventory report. The Respondents denied the loan and their involvement. The High Court ruled for the Appellant based on witness testimony. The Appellate Court reversed, citing inconsistencies in the testimony and lack of proof of the loan.
Decision of the Supreme Court:
The Supreme Court upheld the Appellate Court's decision. Per Civil Code Article 2472/1, the loan could not be proven by witness testimony. The signature on the loan agreement was disputed, and the inheritance inventory report was not valid proof of a loan. The Appellant failed to provide legally admissible evidence.