Article 2

In this Code, unless the context requires otherwise,

“affidavit” means a statement of facts in writing lawfully sworn or affirmed as true by the affiant;

“concurring opinion” means a separate opinion that expresses agreement with another opinion but for a different reason;

“court” means a court established by law;

“decree” means the formal expression of any preliminary or final adjudication that, so far as concerns the court expressing it, conclusively determines the rights of the parties concerning all or any of the matters in dispute in the suit;

“decree-holder” means any person in whose favor a decree has been made or passed, or an order capable of execution has been made, and shall include the transferee of a decree;

“execution officer” means any judge, officer of any court or any other person authorized by law to execute judgments;

“foreign court” means a court outside Eritrea;

“foreign judgment” means the judgment of a foreign court;

“government pleader” includes:

any officer appointed by the government to perform all or any of the functions imposed by this Code on the government pleader; and

any pleader acting under the directions of the government pleader;

“judgment” means the statement given by a court that expresses the court’s determination of an issue and, for greater certainty, includes any decision, decree or order of the court;

“judgment-debtor” means any person against whom a judgment has been passed or an order capable of execution has been made;

“law” includes proclamations, decrees, orders and any subsidiary legislation made thereunder;

“legal representative” means any person who in law represents a person under disability or the estate of a deceased person;

“mesne profits” of property means those profits which the person in wrongful possession of such property actually received or might with ordinary diligence have received therefrom, together with interest on such profits, but shall not include profits due to improvements made by such person;

“order” means the formal expression of any decision of a court that is not a decree;

“person under disability” means any person who is not capable under the law;

“pleader” means an advocate and shall include any person authorized to appear and plead for someone else;

“prescribed” means prescribed by regulations under this Code;

“process” means any judicial writ or order issued at the beginning or during the course of the proceedings;

“registrar” means the registrar or assistant registrar of a court and includes any clerk of court assigned by the registrar to carry out all or part of the duties of a registrar;

“share in a share company or corporation” includes stock, debenture stock, debentures or bonds.

Unless otherwise required by context, terms in male gender include the female gender and vice versa.