The East African Court of Justice Rules of Procedure 2013
41. (1) A party may by pleading raise any preliminary
objection.
(2) Where a respondent intends to raise a preliminary
objection he shall, before the scheduling conference under Rule
53 of these Rules, give not less than seven (7) days written
notice of preliminary objection to the Court and to the other
parties of the grounds of that objection.
42. (1) The Court may order a party to supply to any other
party better or further particulars of any application, claim,
defence or other matter stated in its pleading, and the order may
be made on such terms as the Court thinks just.
Preliminary
Objections
in the First
Instance
Division
Particulars
of pleadings
(2) An order under this Rule shall not be made before
the filing of the defence unless the order is necessary or
desirable to enable the respondent to plead or for some other
special reason.
43. (1) Any allegation of fact made by a party in a pleading
shall be deemed to be admitted by the opposite party unless it is
denied by the opposing party in the pleading.
Admissions
and denials
(2) A denial may be made either by specific denial or
by a statement of non-admission and either expressly or by
necessary implication.
(3) Every allegation of fact made in a pleading which is
not admitted by the opposite party shall be specifically denied
by that party; and a general denial or a general statement of nonadmission of such allegation shall not be a sufficient denial.
44. (1) If there is no reply to a response or defence, there is a
joinder of issues.
(2) Subject to sub-rule (3)—
(a)
there is, at the close of pleadings, a joinder of
issues on the pleading last filed; and
29
Denials
by joinder
of issues