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EAST AFRICAN COMMUNITY GAZETTE
5th May, 2010
Rule 85 Supporting documents
(1)
Every formal application to the Court shall be supported by one or more affidavits of the applicant
or of some other person or persons having knowledge of the facts.
(2)
An applicant may, with the leave of a Judge or with the consent of the other party, lodge one or more
supplementary affidavits, and an application for such leave may be made informally.
Rule 86: Institution of appeals
(1)
Subject to the provisions of Rule 119, an appeal shall be instituted by lodging in the appropriate
registry, within thirty (30) days of the date when the notice of appeal was lodged—
(a)
a memorandum of appeal, in quintuplicate;
(b)
the record of appeal, in quintuplicate;
(c)
the prescribed fee; and
(d)
security for the costs of appeal,
save that where an application for a copy of the proceedings in the First Instance Division has
been made within thirty (30) days of the date of the decision against which it is desired to
appeal, there shall, in computing the time within which the appeal is to be instituted be
excluded such time as may be certified by the Registrar of the First Instance Division as
having been required for the preparation and delivery to that copy of the appellant.
(2)
An appellant shall not be entitled to rely on the exception to sub-rule (1) unless his application for
the copy was in writing and a copy of it was served on the respondent, and the appellant has retained
proof of that service.
Rule 87: Contents of memorandum of appeal
(1)
A memorandum of appeal shall set forth concisely and under distinct heads, without argument or
narrative, the grounds of objection to the decision appealed against, specifying the points which are
alleged to have been wrongly decided, and the nature of the order which it is proposed to ask the
Court to make.
(2)
The grounds of objection shall be numbered consecutively.
(3)
A memorandum of appeal shall be substantially in the Form C in the Sixth Schedule to these
Rules and signed by or on behalf of the appellant.
Rule 88: Contents of record of appeal
(1)
The record of appeal shall, subject to the provisions of sub-rule (3), contain copies of the following
documents—
(a)
an index of all the documents in the record with the numbers of the pages at which they
appear;
(b)
a statement showing the address for service of the appellant and the address for service
furnished by the respondent and, as regards any respondent who has not furnished an address
for service as required by Rule 80, his last known address and proof of service on him of the
notice of appeal;