36 EAST AFRICAN COMMUNITY GAZETTE 5th May, 2010 (2) A notice of appeal shall not be incompetent by reason only that the person on whom it is required to be served was dead at the time when the notice was lodged but a copy of the notice shall be served as soon as practicable on the legal representative of the deceased. (3) An appeal shall not be incompetent by reason only that the respondent was dead at the time when it was instituted but the court shall on the application of any interested person cause the legal representative of the deceased to be made a party in place of the deceased (4) An appeal shall not be instituted in the name of a person who is dead or has ceased to exist but may be instituted in the name of his or its legal representative. SECTION XVII: HEARING OF APPEALS Rule 98: Preliminary objection Where a respondent intends to take a preliminary objection to any appeal or any part of it, he shall, before the scheduling conference under Rule 99 of these Rules, give seven (7) days written notice to the Court and to the other parties to the appeal of the grounds of that objection. Rule 99: Scheduling conference (1) The Appellate Division shall, within fourteen (14) days after the close of pleadings or such other period as the President may direct, hold a scheduling conference to ascertain: (a) points of agreement and disagreement, (b) whether legal argument shall be written or oral, or both, (c) the estimated length of the hearing, (d) any other matters as the Court may deem necessary. (2) If the matter is to proceed to hearing, the Appellate Division shall fix the date for commencement of hearing. (3) In any case where all parties opt to present legal arguments in writing, the Court shall prescribe the time within which the parties shall file their respective written legal arguments and may fix the date on which the parties shall appear before a full Court to deal with any other matter the Court thinks necessary. Rule 100: Presentation of arguments in writing (1) Any party to an appeal who does not intend to appear in person or by advocate at the hearing of the appeal may lodge in the appropriate registry a written statement of his arguments in support of or in opposition to the appeal or the cross-appeal, if any, as the case may be, and shall, before, or within seven (7) days after lodging it, serve a copy of it on the other party or on each other party appearing in person or separately represented. (2) Every such statement shall be lodged— (a) by an appellant, within fourteen (14) days of lodging his memorandum of appeal; (b) by a respondent, within thirty (30) days of service on him of the memorandum and record of appeal.