The East African Court of Justice Rules of Procedure 2013 (3) Applications before a single judge under sub-rule (2) of Rule 59 may be heard in chambers or in open Court as the judge may deem fit. Hearing and consequence of nonattendance 61. (1) If on the day fixed for hearing, neither party attends, the Court may dismiss the claim or application or make such other order as it thinks fit. (2) If on the day fixed for hearing the claimant or applicant does not appear and the respondent appears, the claim or application may be dismissed and any counterclaim may proceed, unless the Court sees fit to adjourn the hearing. Where the claim or application is so dismissed or a counterclaim so proceeds, the Court may, on application by the claimant or applicant, restore the claim or the application for hearing and may re-hear the counterclaim, if satisfied that the claimant or applicant was prevented by sufficient cause from appearing. (3) If on the day fixed for hearing the respondent does not appear and the claimant or applicant appears, the hearing may proceed in the absence of the respondent and any counterclaim may be dismissed unless the Court sees fit to adjourn the hearing. Where the claim or application so proceeds and/or the counterclaim is dismissed the Court may on the application of the respondent rehear the claim or application or restore the counter-claim for hearing if satisfied that the respondent was prevented by sufficient cause from appearing. (4) Any ex parte judgment or order made under sub-rule (2) or (3) shall be set aside when the Court orders that a claim, counterclaim or application be restored for hearing or be reheard. (5) Where under sub-rule (2) or (3) a claim, counterclaim or application is dismissed and an application for its restoration is disallowed, no fresh claim, counterclaim or application may be brought upon the same cause of action. 40