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EAST AFRICAN COMMUNITY GAZETTE
5th May, 2010
(2)
A case stated shall specify the question raised and the issues to be determined.
(3)
The Court as soon as it has reached a decision shall communicate it to the national court or tribunal
concerned.
SECTION XVI: INSTITUTION OF APPEAL
Rule 77: Appeals
An appeal from the judgment or any order of the First Instance Division shall lie to the Appellate Division
on:
(a)
points of law;
(b)
grounds of lack of jurisdiction; or
(c)
procedural irregularity.
Rule 78: Notice of Appeal
(1)
Any person who desires to appeal to the Appellate Division shall lodge a written notice in duplicate
in the registry of the First Instance Division.
(2)
Every notice shall, subject to the provisions of Rule 82 be so lodged within thirty (30) days of the
date of the decision against which it is desired to appeal.
(3)
Every notice of appeal shall state whether it is intended to appeal against the whole or part only of
the decision and where it is intended to appeal against part only of the decision, shall specify the
part complained of, shall state the address for service of the appellant and shall state the names and
addresses of all persons intended to be served with copies of the notice.
(4)
When an appeal lies only with leave or on a certificate that a point of law is involved, it shall not
be necessary to obtain the leave or the certificate before lodging the notice of appeal.
(5)
Where it is intended to appeal against a decree or order, it shall not be necessary that a decree or
order be extracted before lodging a notice of appeal.
(6)
A notice of appeal shall be substantially in the Form B in the Sixth Schedule to these Rules and shall
be signed by or on behalf of the appellant.
Rule 79: Service of notice of appeal
(1)
An intended appellant shall, within fourteen (14) days after lodging a notice of appeal, serve copies
of it on all persons who seem to him to be directly affected by the appeal; but the Court may, on an
ex parte application, direct that service need not be effected on any person who took no part in the
proceedings in the First Instance Division.
(2)
Where any person required to be served with a copy of a notice of appeal gave any address for
service in or in connection with the proceedings in the First Instance Division, and has not
subsequently given any other address for service, the copy of the notice of appeal may be served on
him at that address, notwithstanding that it may be that of an advocate who has not been retained
for the purpose of an appeal.