5th May, 2010
(5)
EAST AFRICAN COMMUNITY GAZETTE
29
A person who disobeys or breaches any terms of an interim order shall be cited for contempt of
Court.
Rule 74: Execution of judgments
(1)
A party who wishes to execute an order of the Court in accordance with Article 44 of the Treaty
shall make an application for an execution order in accordance with Form 8 in the First Schedule.
(2)
Where a judgment of the Court imposes a pecuniary obligation on a person its execution shall be
governed by the Rules of civil procedure in the Partner State in which the execution is to take place.
(3)
The order for execution shall be appended to the copy of the judgment verified by the Registrar and
thereupon, the party in whose favour execution is to take place, may initiate execution proceedings.
PART C: PROCEEDINGS IN APPELLATE DIVISION
SECTION XIV: ADVISORY OPINION
Rule 75: Advisory opinion of the Court
(1)
A request for an advisory opinion under Article 36 of the Treaty shall be lodged in the Appellate
Division and shall contain an exact statement of the question upon which an opinion is required and
shall be accompanied by all relevant documents likely to be of assistance to the Division.
(2)
Upon the receipt of the request under sub-rule (1) the Registrar shall immediately give notice of the
request to all the Partner States and the Secretary General.
(3)
The Divion may identify any person likely to furnish information on the question and shall direct
the Registrar to give notice of the request to such person.
(4)
The Registrar shall in the notice given under sub-rule (2) and (3) invite the Partner States, Secretary
General and such other person to present written statements on the question within the limit stated
in the notice.
(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
Rule 76: Preliminary rulings
(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.