5th May, 2010 EAST AFRICAN COMMUNITY GAZETTE 25 (3) A party dissatisfied with a decision of a single judge may apply orally to the judge at the time when the decision is given, or by writing to the Registrar within seven (7) days after a decision of the judge to have the order, direction or decision of a single judge varied, discharged or reversed by full Court. (4) At the hearing by the full Court of an application previously decided by single judge, no additional evidence shall be adduced except with the leave of that court. Rule 60: Proceedings to be held in open Court (1) All proceedings of the Court, including the pronouncement of the decision of the Court, shall be held in open Court. (2) The Court, on application by any party or on its own motion, may, for sufficient cause, order the proceedings to be held in camera. The proceedings heard in camera shall be recorded but shall not be published. (3) Applications before a single judge under sub-rule (2) of Rule 59 may be heard in chambers or in open Court as the judge may deem fit. Rule 61: Hearing and consequence of non-attendance (1) If on the day fixed for hearing, neither party attends, the Court may dismiss the claim or application or make such other order as it thinks fit. (2) If on the day fixed for hearing the claimant or applicant does not appear and the respondent appears, the claim or application may be dismissed and any counterclaim may proceed, unless the Court sees fit to adjourn the hearing. Where the claim or application is so dismissed or a counterclaim so proceeds, the Court may, on application by the claimant or applicant, restore the claim or the application for hearing and may re-hear the counterclaim, if satisfied that the claimant or applicant was prevented by sufficient cause from appearing. (3) If on the day fixed for hearing the respondent does not appear and the claimant or applicant appears, the hearing may proceed in the absence of the respondent and any counterclaim may be dismissed unless the Court sees fit to adjourn the hearing. Where the claim or application so proceeds and/or the counterclaim is dismissed the Court may on the application of the respondent rehear the claim or application or restore the counter-claim for hearing if satisfied that the respondent was prevented by sufficient cause from appearing. (4) Any ex parte judgment or order made under sub-rule (2) or (3) shall be set aside when the Court orders that a claim, counterclaim or application be restored for hearing or be reheard. (5) Where under sub-rule (2) or (3) a claim, counterclaim or application is dismissed and an application for its restoration is disallowed, no fresh claim, counterclaim or application may be brought upon the same cause of action. (6) An application for restoration under sub-rule (2) or (3) shall be made within thirty (30) days of the decision of the Court. Rule 62: Right to begin (1) The claimant shall have the right to begin unless the respondent admits facts alleged by the claimant and contends that either in point of law or on some additional facts alleged by the respondent the claimant is not entitled to any part of the relief he or she seeks, in which case the respondent shall have the right to begin.

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