The East African Court of Justice Rules of Procedure 2013
(6) An application for restoration under sub-rule (2) or
(3) shall be made within thirty (30) days of the decision of the
Court.
62. (1) The claimant shall have the right to begin unless the
respondent admits facts alleged by the claimant and contends
that either in point of law or on some additional facts alleged by
the respondent the claimant is not entitled to any part of the
relief he or she seeks, in which case the respondent shall have
the right to begin.
Right to
begin
(2) Where there are several issues, and there is a
dispute as to which party is to begin, the Court shall direct the
party on which the greater burden of proof lies to begin.
63. (1) At the hearing the party having the right to begin
shall state its case and produce evidence in support of the issues
which it is bound to prove. The other party shall then state its
case and produce evidence, and may then address the Court
generally on the case. The party beginning may reply.
Statement
and
production
of evidence
(2) Where, after the party beginning has produced its
evidence the other party does not produce any evidence, the
party beginning shall address the Court first on the case, and the
other party shall then address the Court in reply. The Court may
then allow the party beginning to comment on a new point
raised in the address by the other party.
(3) A party may present its legal arguments in writing.
64. A witness shall before giving evidence take an oath or
affirmation in accordance with Form 8 in the Second Schedule.
Oath or
affirmation
65. (1) The evidence of every witness shall be given orally
in Court and shall be recorded by the official Court recorder.
The record of each hearing shall be signed by the Principal
Judge or Deputy Principal Judge and shall be kept and
maintained by the Registrar.
Taking and
recording
of evidence
41