5th May, 2010
EAST AFRICAN COMMUNITY GAZETTE
(d)
where appropriate, the nature of any evidence offered in support;
(e)
where applicable the order sought by the applicant;
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(3)
Where the reference seeks the annulment of an Act, regulation, directive, decision or action, the
application shall be accompanied by documentary evidence of the same.
(4)
Where the reference is made by a body corporate the application shall be accompanied by
documentary evidence of its existence in law.
(5)
The Registrar shall serve on every respondent named in the reference and on the Secretary General
a notification of the reference and a copy of the application.
Rule 25: Disputes between the Community and its employees
(1)
A claim for determination of a dispute between the Community and its employees under Article 31
of the Treaty shall be instituted by presenting to the First Instance Division a statement of claim.
(2)
A statement of claim shall state:
(a)
the name, designation, address and where applicable residence of the claimant;
(b)
the designation, name, address and where applicable residence of the respondent;
(c)
a concise statement of facts on which a claim is based and of the law applicable;
(d)
the order sought.
Rule 26: Notification of statement of claim
(1)
Upon the filing of a claim or reference, the Registrar shall issue a notification in accordance with
Form 1 of the First Schedule requiring the respondent to file a statement of defence,
(2)
A notification shall be signed by the Registrar or an officer authorised by the Court in that behalf
and shall be sealed with the seal of the Court.
(3)
A notification shall be accompanied by a copy of the statement of claim.
Rule 27: Transmission of notification
(1)
(2)
Where the Court has issued a notification to a respondent, it may be delivered for service:
(a)
to a sub-registry of the Court established in accordance with sub-rule 2 of Rule 6;
(b)
to any person for the time being duly authorised by the Court or by the High Court or a court
of equivalent jurisdiction of a Partner State;
(c)
to an advocate; or
(d)
to the High Court or a court of equivalent jurisdiction in the Partner State where the
respondent resides with the request to effect the service.
A national court to which a request for service of notification is sent under sub-rule (1) (c) may upon
receipt thereof proceed as if the notification had been issued by such national court, and shall then
return the notification to the Court, together with the record if any of its proceedings with regard
thereto.