Comment: Filing Suit in the Wrong Court and its Effect in Interrupting Period of Limitation

Author:Yehualashet Tamiru Tegegen
Position:Yehualashet Tamiru Tegegen: LL.B (AAU), LL.M (University of Pretoria). I am very grateful to Dr. Mehari Redae and Amerti Solomon for their valuable comments on earlier draft. Email: yehuala5779@gmail.com
Pages:153-165
SUMMARY

Although the Federal Supreme Court rendered a sound decision on the effect of filing suit in the wrong jurisdiction with regard to the period of limitation, it failed to provide detailed analysis and reasoning. The importance of reasoning in judgment is well known. However, the Supreme Court Cassation Division in this case arrived at conclusion without deeply exploring the issues involved and... (see full summary)

 
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153
Filing Suit in the Wrong Court and its
Effect in Interrupting Period of
Limitation
DOI http://dx.doi.org/10.4314/mlr.v13i1.6
Yehualashet Tamiru Tegegen
If a man neglects to enforce his rights, he cannot complain if, after a
while, the law follows his example. (Oliver Holmes)
Abstract
Although the Federal Supreme Court rendered a sound decision on the effect of
filing suit in the wrong jurisdiction with regard to the period of limitation, it
failed to provide detailed analysis and reasoning. The importance of reasoning in
judgment is well known. However, the Supreme Court Cassation Division in this
case arrived at conclusion without deeply exploring the issues involved and
without adequate analysis.
Key terms
Jurisdiction · Labour law · Collective disputes · Labour Relations Board · Period
of limitation ·
___________
Introduction
As Callahan notes, “[J]udicial declarations representing the policy of statutes of
limitations are numerous, but almost embarrassingly repetitive. Sometimes this
declaration may serve the immediate purpose, but they are usually bare
assertions offered without supporting analysis.”1 In the absence of details and
descriptions that provide clarity, laws are susceptible to contradictory
Yehualashet Tamiru Tegegen: LL.B ( AAU), LL.M ( University of Pretoria). I am very
grateful to Dr. Mehari Redae and Amerti Solomon for their valuable comments on earlier
draft. Email: yehuala5779@gmail.com
1 Charles C. Callahan (1955), „Statutes of Limitation-Background’, Ohio State Law Jour nal,
Vol. 16 No.2 p.32
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