The East African Court of Justice Rules of Procedure 2013
(b)
a party may, in his or her pleading, expressly join
issue on the immediately preceding pleading.
(2) There can be no joinder of issues on an application,
claim or counterclaim.
(3) A joinder of issues operates as a denial of every
material, allegation of fact made in the pleading in question
except what is stated to be admitted
Closure of
pleadings
No filing
after close
of pleadings
45. The pleadings, in any case, shall be closed fourteen (14)
days after service of the reply, or, if no reply is served, fifteen
(15) days after service of the response or defence or the defence
to a counterclaim.
46. (1) After the close of the written proceedings, no further
documents may be submitted to the Court by either party except
with leave of the Court.
(2) The party desiring to produce a document after
closure of pleadings shall deposit, at the registry, the original or
a certified copy thereof and shall be responsible for serving a
copy thereof to the other party and shall file a return of service
in the registry. The other party shall be held to have given its
consent if it does not lodge an objection to the production of the
document within seven (7) days of service.
(3) In the event of objection, the Court may, after
hearing the parties, authorise production of the document if it
considers production necessary.
(4) If a new document is produced under this Rule, the
other party shall have an opportunity of commenting upon it and
of submitting documents in support of its comments.
(5) No party may, during the oral proceedings, refer to
the contents of any document which was not produced as part of
the written proceedings or in accordance with this Rule.
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