5th May, 2010 EAST AFRICAN COMMUNITY GAZETTE 41 Rule 115: Security for costs (1) The Court may, either on the application of any respondent or of its own motion, order the claimant or claimants within time fixed by it to give security for the payment of all costs incurred or likely to be incurred by the respondent. Provided that where a claimant is a Partner State, the Secretary General, or any of the institutions of the Community no security for costs shall be required. (2) Where security for costs has been deposited in Court, the Registrar may pay out the same either by consent of the parties or in conformity with the decision of the Court. SECTION XX: FEES Rule 116: Fees payable Subject to the provisions of Rule 117 fees set out in the Third Schedule for First Instance Division and Seventh Schedule for Appellate Division shall be payable in respect of all matters and services therein set out. Rule 117: Time of payment of fees (1) The fee payable on lodging any document shall be payable at the time when the document is lodged. (2) The Registrar may require the payment in advance of the fee for any other service, or where the amount of the fee cannot conveniently be ascertained when the service is requested, may require a deposit towards it. Any fee so paid in advance or deposit made shall be refunded if the request for the service is cancelled before the service has been undertaken. Rule 118: Relief from fees and security (1) If the Court is satisfied on the application of an applicant or claimant that he or she lacks the means to pay the required fees and that the claim or application has a reasonable possibility of success, the Court may by order direct that the claim or application may be lodged without prior payment of fees, or on payment of any specified amount less than the required fees. (2) No fee shall be payable on the lodging of any such application. (3) Where the party permitted to sue as a pauper succeeds, the Court may by order direct the losing party to pay the Court fees which would have been payable. (4) An order made under this Rule shall be enforceable in accordance with Article 44 of the Treaty. Rule 119: Sessions and sittings of the Court The Seat of the Court shall be at such place as may be decided by the Summit; provided that the Court may, if it considers it desirable, direct that all or part of the proceedings in any case shall be held at a place other than the Seat of the Court.