5th May, 2010
EAST AFRICAN COMMUNITY GAZETTE
21
(3)
Whenever a formal application is made to the Court for leave to amend any pleading, the
amendment for which leave is sought shall be set out in writing, lodged with the Registrar and
served on the opposite party before the hearing of the application.
(4)
Where the Court grants leave for the amendment of any pleading, the amendment shall be made or
be lodged within the time specified by the Court and if no time is so specified then within fourteen
(14) days of the granting of leave.
(5)
Where any person obtains leave to amend a pleading, the pleading itself may be amended or, an
amended version of the pleading may be lodged.
(6)
A party amending a pleading shall highlight any words or figures added to the original.
(7)
Every pleading and other document amended under this Part shall be endorsed with the date of the
amendment and either the date of the order allowing the amendment or, if made without leave, the
number of the Rule in pursuance of which the amendment was made.
SECTION XI: WITHDRAWAL AND DISCONTINUANCE
Rule 51: Withdrawal and discontinuance
(1)
(2)
An applicant or a claimant may discontinue its reference or claim against all or any of the
respondents or may withdraw any part of the reference or claim; and the respondent may in similar
manner discontinue or withdraw its counter-claim:
(a)
without leave of the Court at any time before a date for opening oral proceedings is fixed,
by lodging in the registry a notice to that effect and serving a copy thereof on all the
respondents;
(b)
with leave of the Court or with written consent of all parties after a date for opening oral
proceedings has been fixed.
The parties may agree in writing the terms of any such withdrawal or discontinuance and lodge such
agreement in the registry. In the absence of such agreement the Court may order such terms as to
costs, the filing of any other reference or claim, and otherwise as the Court considers just.
Rule 52: Compromise
Where it is proved to the satisfaction of the Court that a dispute or reference has been adjusted wholly or
in part by any lawful agreement or compromise, the Court shall, on the application of any party, direct that
such agreement, compromise or satisfaction be recorded and shall enter judgment accordingly.
SECTION XII: ORAL PROCEEDINGS
XII (a) PRE-TRIAL PROCEEDINGS IN THE FIRST INSTANCE DIVISION
Rule 53: Scheduling conference
(1)
The First Instance Division shall, within fourteen (14) days after the close of pleadings or such other
period as the Principal Judge may direct, hold a scheduling conference to ascertain: