May 13, 2017
CIVIL PROCEDURE CODE OF THE STATE OF ERITREA
BOOK V – SPECIAL PROCEDURE AND PROVISIONAL OR INTERLOCUTORY MEASURES
TITLE I – FAST TRACK PROCEDURES
Chapter 1. – Money Debt Collection Procedure
Art. 304. – Application.
(1) An application for a money debt collection judgment may be made ex parte by a creditor against a debtor in respect of a claim based on negotiable instruments, such as bill of exchange, promissory note or cheque, on a bond or contract written for payment of a liquidated amount of money or on a guarantee, where the claim against the principal is in respect of a debt or liquidated amount only.
(2) The application shall have to meet the requirements of the statement of claim in ordinary proceedings and shall state it is a “Money debt collection procedure”.
Art. 305. – Decision on Application.
(1) Based on the application and the submitted documents, the court shall consider whether the application for the money debt collection judgment is admissible and well founded.
(2) If the court determines the application inadmissible or unfounded, it may refuse the application in whole or in part. Such refusal shall not have the effect of res judicata, but shall be a bar to the making of a fresh application on the same grounds. No appeal shall lie against a refusal.
(3) If the application is granted, the court shall issue a judgment for money debt collection against the debtor and determine the sum found to be due from him to the creditor.
