5th May, 2010 EAST AFRICAN COMMUNITY GAZETTE 17 (2) The determination of such claim, question or issue shall follow the same procedure as if such other person were a third party under this Part. (3) Nothing contained in this Rule shall operate or be construed so as to prejudice the rights of the claimant against any respondent to the action. Rule 36: Intervention (1) An application for leave to intervene under Article 40 of the Treaty shall be by notice of motion. (2) An application under sub-rule (1) shall contain: (a) a description of the parties; (b) the name and address of the intervener; (c) a description of the claim or reference; (d) the order in respect of which the intervener is applying for leave to intervene; (e) a statement of the intervener’s interest in the result of the case. (3) The application shall be served on each party who shall, within thirty (30) days, file a response. (4) If the Court is satisfied that the application is justified, it shall allow the intervention and fix a time within which the intervener may submit a statement of intervention and the Registrar shall supply to the intervener copies of the pleadings. (5) The intervener shall accept the case as it is at the time of intervention. (6) Where a request to intervene is granted, the decision of the Court in respect of the dispute or reference shall be binding upon the intervener in respect of the intervention. SECTION IX: PLEADINGS Rule 37: Facts not evidence to be pleaded (1) Subject to the provisions of this Rule and Rules 40, 41 and 42, every pleading shall contain a concise statement of material facts upon which the party’s claim or defence is based not the evidence by which those facts are to be proved. (2) Without prejudice to sub-rule (1), the effect of any document or the purport of any conversation referred to in the pleading shall, if material, be briefly stated, but the precise words of the document or conversation shall not be stated, except in so far as those words are themselves material. (3) A party need not plead any fact if it is presumed by law to be true or the burden of disproving it lies on the other party, unless the other party has specifically denied that fact. Rule 38: Matters to be specifically pleaded (1) Every pleading shall contain the necessary particulars of any claim, defence or other matter pleaded and without prejudice to the generality of the foregoing shall include—