12 EAST AFRICAN COMMUNITY GAZETTE 5th May, 2010 (1) No motion shall be heard without notice to the parties affected by the application. Provided, however, that the First Instance Division, if satisfied that the delay caused by proceeding in the ordinary way would or might entail irreparable injustice, may hear the motion and make any ex parte order upon such terms as to costs or otherwise, and subject to such undertaking, if any, as the Division deems just. (3) Upon making an ex parte order the First Instance Division shall set down the application for inter partes hearing within thirty (30) days of the ex parte order. (4) A notice of motion shall be substantially in the Form A in the Fourth Schedule. (5) Every formal application to the First Instance Division shall be supported by one or more affidavits of the applicant or of some other person or persons having knowledge of the facts. (6) An applicant may, with the leave of the First Instance Division or with the consent of the other party, lodge one or more supplementary affidavits. Application for such leave may be made informally. (7) The provisions of this rule shall not apply to: (a) applications made in the course of a hearing, which may be made informally; (b) applications made by consent of all parties, which may be made by letter. Rule 22: Service of Notice of Motion (1) The notice of motion and copies of all affidavits shall be served on all affected parties not less than seven (7) days before the hearing. (2) Rules 14, 15 and 16 shall apply with necessary modifications to service of Notice of Motion. Rule 23: Affidavits in reply (1) Any person served with a notice of motion under Rule 22 may lodge one or more affidavits in reply in not less than three (3) days before the day of hearing and shall as soon as practicable serve a copy or copies thereof on the applicant. (2) Any such person may, with the leave of the First Instance Division or with the consent of the applicant, lodge one or more supplementary affidavits. Application for such leave may be made informally. SECTION VII: WRITTEN PROCEEDINGS Rule 24: References (1) A reference by a Partner State, the Secretary General or any person under Articles 28, 29, 30 respectively of the Treaty shall be instituted by presenting to the Court an application. (2) An application under sub-rule (1) shall state: (a) the name, designation, address and where applicable residence of the applicant; (b) the designation, name, address and where applicable residence of the respondent; (c) the subject-matter of the reference and a summary of the points of law on which the application is based;