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(3)
EAST AFRICAN COMMUNITY GAZETTE
5th May, 2010
No objection may be made to the service of a notification on the ground that the person who served
the notification either was not authorised so to do or exceeded or failed to comply with his or her
authority in any way.
Rule 28: Validity of Notification
(1)
A notification shall be valid for a period of three (3) months from the date of issue.
(2)
Where a notification has not been served on a respondent the Court may extend the validity of the
notification from time to time if satisfied it is just to do so.
(3)
An Application for extension under sub-rule (2) shall be supported by an affidavit setting out the
attempts to serve and their result, and the extension may be made without the advocate or claimant
appearing in person.
(4)
Where after expiry of six (6) months from the issue of notification no application for extension of
notification has been made under sub-rule (2) the Court may without notice dismiss the claim.
Rule 29: Substituted service
(1)
Where the Court is satisfied that for any reason the notification cannot be served in accordance with
any of the preceding Rules, the Court may on application direct the notification to be served by
affixing a copy thereof in some conspicuous place in the Court premises, and also upon some
conspicuous part of the premises, if any, in which the respondent is known to have last resided or
carried on business or worked for gain, or by advertisement in newspapers or in such other manner
as the Court thinks fit.
(2)
Substituted service under sub-rule (1) shall be as effectual as if service had been made on the
respondent personally.
(3)
Unless otherwise directed, where substituted service of notification is by advertisement, the
advertisement shall be in accordance with Form 3 in the First Schedule with such variations as the
circumstances require.
Rule 30: Response to reference
(1)
The respondent shall within forty-five (45) days after being served with a notification of the
reference file a response stating the:
(a)
name and address of the respondent;
(b)
concise statement of facts and law relied on;
(c)
nature of evidence in support where appropriate; and
(d)
order sought by the respondent.
(2)
After the filing of a response to a reference the Registrar shall serve a copy thereof on the applicant.
(3)
Within forty-five (45) days after service under sub-rule 2 the applicant may file a reply to the
response. A reply shall not repeat the party’s contentions but shall be directed to bringing out the
issues that still divide them.
(4)
The respondent may, within forty-five (45) days of service, respond to the reply of the applicant. A
rejoinder shall not repeat the party’s contentions but shall be directed to bringing out unresolved
issues between the parties.