the Court. This Chamber determines again the case on merits by a new quorum.” 43. We are mindful of the function of due process in the determination of matters before this Court or indeed process advances the conduct any tribunal. of legal The notion of due proceedings according to established rules and principles for the protection and enforcement of private rights. See Black’s Law Dictionary, 8" Edition, pp.538,539. Indeed, a basic and fundamental proceeding requirement of due process in any is provision for notice that sufficiently apprises interested parties of the pendency of the action and affords them an opportunity to present their objections or defence. See Mullane vs. Central Hanover Bank and Trust Co. 339 U.S 306, 314 (1950). 44. It is certainly not for cosmetic purposes that Rule 38 of this Court's Rules of necessary Procedure enjoins parties to particulars of any claim, defence specifically plead ‘the or other matter’, or that Rule 38(2)(b) explicitly underscores the need to plead matters which would otherwise necessary take to avert the an opposite undesirable party by surprise. This practice of trial by ambush promote the principle of natural justice. Consequently, is and it seems to us that the introduction of additional aspects of Act No. 1/26 at the stage of submissions, that were not encapsulated in the Reference, offends the provisions of Rule 38(1) and (2)(a) of the Court’s Rules, the notion of due process and, ultimately, parties’ right to a fair hearing. therefore, refrain from a consideration of the additional We do, provisions cited in the Applicants’ submissions and shall restrict ourselves to the provisions of Act No. 1/26 as cited in the Reference. Reference No.1 5 of 2014 Page 19