5th May, 2010
EAST AFRICAN COMMUNITY GAZETTE
37
(3)
An appellant who has lodged a statement under sub-rule (1), may, if served with a notice of crossappeal, lodge a supplementary statement of his arguments in opposition to it.
(4)
No party who has lodged a statement under this Rule shall, except with leave of the Court, address
the Court at the hearing of the appeal.
Rule 101: Hearing Notice
The Registrar shall give all parties to an appeal not less than fourteen (14) days notice of the date fixed for
the hearing of an appeal; but it shall not be necessary to give that notice to any party with whose consent
the date for the hearing was fixed.
Rule 102: Quorum in the Appellate Division
(1)
The quorum in the Appellate Division shall be three Judges, one of whom shall be the President or
Vice-President.
Provided that having regard to the public importance of the matter or to any conflict or other complexity
in the law applicable, the President or on application by any party, the Court may direct such matter to be
heard and determined by a full bench of the Division.
(2)
The following interlocutory matters may be dealt with and determined by a single judge:
(a)
application for extension of time prescribed by these Rules;
(b)
application for extension of validity of notification;
(c)
application for an order for substituted service;
(d)
application for examining serving officer;
(e)
application for leave to amend pleadings;
(f)
Scheduling conference.
(3)
A party dissatisfied with a decision of a single judge may apply orally to the judge at the time when the
decision is given, or by writing to the Registrar within seven (7) days after a decision of the judge to
have the order, direction or decision of a single judge varied, discharged or reversed by full Court.
(4)
At the hearing by the full Court of an application previously decided by single judge, no additional
evidence shall be adduced except with the leave of that court.
Rule 103: Power of single Judge
A single Judge may exercise any power vested in the Appellate Division, which does not involve the
decision of an appeal, but if any Judge rejects any application for the exercise of the power, the person
making that application shall be entitled to have his application determined by that court.
Rule 104: List of authorities and copies of Judgment to be referred
(1)
A party who intends, at the hearing of any application or appeal, to rely on the judgment in any
reported case or to quote from any book shall lodge with the Registrar, a list and copies of cases
with their citations and the names, authors and editions of the book or books, and shall serve a copy
of that list on the other party or on each other party appearing in person or separately represented,
as the case may be; but a supplementary list may, when necessary, be produced at the time of the
hearing.