Reference no: EM133332494

Ato Wubetu Midekssa has a three storeybuilding in Shashemene Town. Ato Wubetu leased the whole building to Awash College of Business and Economics S.C. The lease contract was concluded on the 10th of August 2010 in which it was stipulated that the contract of lease would enter into force as of the 15t date of September 2010. In the contract, it was' also agreed that the lessee would pay 50,000.00 Birr at the end of every month of the Gregorian calendar. Though lessee was paying the lease money as agreed for the first six months, it stopped making payments after that. The lessee used the building for six months without paying anything to the lesser. After the end of August 2011, the lessee left the building and delivered same to the agent of the lesser as the latter was not in Ethiopia by then.

Ato Wubetu Midekssa sued the lessee' on the 8th of October 2013 alleging that it should pay him 300,000.00 lease prices that should have been paid as per the contract of lease concluded between them on the 10th of August 2010. Although the defendant was duly summoned to appear and defend its case, it was not voluntary to receive the summons and did not appear at the time of the hearing of the case. However, to the surprise of the plaintiff, the court to which the case was taken dismissed the suit saying that there was presumption of payment in favor of the defendant according to Art.2024 of the Civil Code of Ethiopia.

Do you think that the stance taken by the court is tenable in light of the relevant provisions of the Civil Code of Ethiopia? Why/ why not?