10
EAST AFRICAN COMMUNITY GAZETTE
5th May, 2010
Rule 13: Change of address for service
A person who has given an address for service may, at any time, change his or her address for service by
lodging a notice of such change in the registry and serving copies of the notice on all persons who have
been served with the previous address.
Rule 14: Mode of service of documents
(1)
Where by these Rules a document is required to be served on any person service of the document
shall be made by tendering to that person a duplicate thereof and requiring him or her to endorse
the original acknowledging service. Where the Court is satisfied that the person refused to endorse
the document, it may declare that the document was duly served.
(2)
A document may be served on the party’s advocate.
(3)
Service on a Government of a Partner State shall be effected by delivering or tendering the
document to the Attorney General of the Partner State or an officer authorised to accept service on
behalf of the Attorney General.
(4)
Service on the Community shall be effected by delivering or tendering the document to the
Secretary General of the Community or an officer authorised to accept service on behalf of the
Secretary General.
(5)
Service on a body corporate shall be effected by delivering or tendering the document to the Chief
Executive Officer, Director, General Manager or Company Secretary, or an officer authorised to
accept service in that behalf.
Rule 15: Return of service
The serving officer, in all cases in which a document has been served, shall swear an affidavit of service
stating the time when and the manner in which the document was served and the name and address of the
person (if any) who identified the person served and witnessed the delivery or tendering of the document.
The affidavit of service shall be in accordance with Form 2 of the First Schedule with such modifications
as circumstances may require.
Rule 16: Examination of serving officer
On any allegation that a document has not been properly served, the Court may examine the serving officer
on oath or cause him or her to be examined by a competent court of a Partner State, and may make such
further inquiry in the matter as it thinks fit; and shall either declare that the document has been duly served
or order such service as it thinks fit.
SECTION IV: APPEARANCE AND REPRESENTATION
Rule 17: Appearance and Representation
(1)
A party to any proceedings in the Court may appear in person or by an agent and may be represented
by an advocate.
(2)
The Counsel to the Community may appear and represent the Community or any of its institutions
in any matter where the Community or any of its institutions is a party or where the Counsel thinks
that such appearance is desirable.