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EAST AFRICAN COMMUNITY GAZETTE
5th May, 2010
Rule 70: Correction of judgments and orders
(1)
Clerical or arithmetical mistakes in any judgment of the Court or any error arising in it from
accidental slip or omission, may at any time whether before or after the judgment has been
embodied in an order be corrected by the Court either of its own motion or on the application of any
of the parties so as to give effect to what the intention of the Court was when judgment was given.
(2)
An order of the Court may at any time be corrected by the Court either of its own motion or on the
application by any interested person if it does not correspond with the judgment it purports to
embody or, where the judgment has been corrected under sub-rule (1) with the judgment as
corrected.
(3)
Every party shall be given an opportunity to be heard before the Court makes corrections under subrule (1) or (2).
Rule 71: Publication
Judgments of the Court may be published in law reports.
Rule 72: Review of judgment
(1)
An application for review of a judgment under Article 35 of the Treaty shall be made in accordance
with this Rule.
(2)
A party who from the discovery of new and important matter or evidence which, after the exercise
of due diligence, was not within its knowledge or could not be produced by it at the time when the
judgment was passed or the order made, or on account of some mistake, fraud or error apparent on
the face of the record, or because an injustice has been done, desires to obtain a review of the
judgment or order, may apply to the Court for review of the judgment without unreasonable delay.
(3)
The Court shall grant an application for review only where the party making the application under
sub-rule (2) proves the allegations relied upon to the satisfaction of the Court.
(4)
When an application for review is granted, the Court may re-hear the case or make such other order
as it thinks fit.
A decision made by the Court on an application for review shall be final.
Rule 73: Interim orders and directions
(1)
Pursuant to the provisions of Article 39 of the Treaty, the Court may in any case before it upon
application supported by affidavit issue interim orders or directions which it considers necessary
and desirable upon such terms as it deems fit.
(2)
The Court on application of any party may grant an ex-parte interim order if satisfied that it is just
to do so. Upon granting an ex-parte interim order the Court shall fix a date within a period not
exceeding thirty (30) days for the hearing of the application inter-partes.
(3)
An ex-parte order under sub-rule (2) shall be granted only once and shall not be extended.
(4)
The Court may for sufficient cause discharge, vary or set aside an interim order granted under subrule (1) or sub-rule (2) on application of any party.