The East African Court of Justice Rules of Procedure 2013
(5) Upon receiving written statements the Registrar
shall send a copy of each such written statement to the parties
mentioned in sub-rule (4) for comments if any.
(6) The Division shall decide whether oral proceedings
shall be held and if so shall fix the date for such proceedings
and invite the parties mentioned in sub-rule (4) to make oral
presentations.
(7) Provision of sub-rules (4) and (5) of Rule 68 shall
apply to advisory opinion under this Rule with necessary
modifications.
(8) The Division shall deliver its advisory opinions in
open court, notice having been given to the Partner States and to
the Secretary General.
SECTION XV: CASE STATED
76. (1) A request by a national court or tribunal of a Partner
State concerning the interpretation or application of the
provisions of the Treaty or validity of any regulations,
directives, decisions or actions of the Community pursuant to
Article 34 of the Treaty shall be lodged in the Appellate
Division by way of a case stated, in accordance with the
procedure set forth in the Sixth Schedule of these Rules.
Preliminary
rulings
(2) A case stated shall specify the question raised and
the issues to be determined.
(3) The Court as soon as it has reached a decision shall
communicate it to the national court or tribunal concerned.
SECTION XVI: INSTITUTION OF APPEAL
77. An appeal from the judgment or any order of the First
Instance Division shall lie to the Appellate Division on:
47
Appeals