38 EAST AFRICAN COMMUNITY GAZETTE 5th May, 2010 (2) The list shall be in quadruplicate, except in the case of an application to be heard by a single Judge, when it shall be in duplicate and shall be lodged at least twenty four hours before the application or appeal is due to be heard. (3) A party who intends, at the hearing of any application or appeal, to rely on the judgment in any unreported case shall, at or before the hearing, produce a certified or Photostat copy of that judgment and, except in the case of an application to be heard by a single judge, two other copies of it for the use of the Court, and in every case, one copy for the use of the other party, or each other party appearing in person or separately represented, as the case may be. Rule 105: Hearing in open court (1) Every appeal shall be heard in court, to which all members of the public shall have access so far as space in the court permits and so long as they conduct themselves in an orderly manner, subject to sub-rules (2) and (3). (2) The Presiding Judge may, if, in exceptional circumstances, he is satisfied that the interests of justice so require, direct that the public or any particular person or category of persons be excluded or removed from the court in which an appeal is being heard. (3) Nothing in this Rule shall be construed so as to prejudice other inherent powers of the Court to hear proceedings in camera. Rule 106: Arguments at hearing At the hearing of an appeal— (a) No party shall, without the leave of the court, argue that the decision of the First Instance Division should be reversed or varied except on ground specified in the memorandum of appeal or in a notice of cross-appeal, or support the decision of the Court of First Instance on any ground not relied on by that court or specified in a notice given under Rule 88 of these Rules; (b) a respondent shall not, without leave of the court, raise any objection to the competence of the appeal which might have been raised by application under Rule 81 of these Rules; (c) the Appellate Division shall not allow an appeal or cross-appeal on any ground not set forth in the memorandum of appeal or notice of cross-appeal, without affording the respondent, or any person who in relation to that ground should have been made a respondent, or the appellant, as the case may be, an opportunity of being heard on that ground; and (d) at the hearing of an appeal, the arguments contained in any statement lodged under Rule 101 of these Rules shall receive the same consideration as if they had been advanced orally at the hearing. Rule 107: Non-appearance (1) If on any day fixed for the hearing of an appeal, the appellant does not appear, the appeal may be dismissed and any cross-appeal may proceed, unless the Appellate Division sees fit to adjourn the hearing; (2) Where an appeal has been so dismissed under sub-rule (1) of this Rule or any cross-appeal has been allowed, the appellant may apply to the Appellate Division to restore the appeal for hearing or to re-hear the cross-appeal, if he can show that he was prevented by any sufficient cause from appearing when the appeal was called on for hearing.