5th May, 2010
EAST AFRICAN COMMUNITY GAZETTE
19
(2)
A denial may be made either by specific denial or by a statement of non-admission and either
expressly or by necessary implication.
(3)
Every allegation of fact made in a pleading which is not admitted by the opposite party shall be
specifically denied by that party; and a general denial or a general statement of non-admission of
such allegation shall not be a sufficient denial.
Rule 44: Denials by joinder of issues
(1)
If there is no reply to a response or defence, there is a joinder of issues.
(2)
Subject to sub-rule (3)—
(a)
there is, at the close of pleadings, a joinder of issues on the pleading last filed; and
(b)
a party may, in his or her pleading, expressly join issue on the immediately preceding
pleading.
(3)
There can be no joinder of issues on an application, claim or counterclaim.
(4)
A joinder of issues operates as a denial of every material, allegation of fact made in the pleading in
question except what is stated to be admitted
Rule 45: Closure of pleadings
The pleadings, in any case, shall be closed fourteen (14) days after service of the reply, or, if no reply is
served, fifteen (15) days after service of the response or defence or the defence to a counterclaim.
Rule 46: No filing after close of pleadings
(1)
After the close of the written proceedings, no further documents may be submitted to the Court by
either party except with leave of the Court.
(2)
The party desiring to produce a document after closure of pleadings shall deposit, at the registry, the
original or a certified copy thereof and shall be responsible for serving a copy thereof to the other party
and shall file a return of service in the registry. The other party shall be held to have given its consent
if it does not lodge an objection to the production of the document within seven (7) days of service.
(3)
In the event of objection, the Court may, after hearing the parties, authorise production of the
document if it considers production necessary.
(4)
If a new document is produced under this Rule, the other party shall have an opportunity of
commenting upon it and of submitting documents in support of its comments.
(5)
No party may, during the oral proceedings, refer to the contents of any document which was not
produced as part of the written proceedings or in accordance with this Rule.
(6)
The application of this Rule shall not in itself constitute a ground for delaying the opening or the
course of the oral proceedings.
Rule 47: Striking out pleadings
(1)
The Court may, on application of any party, strike out or expunge all or part of a pleading or other
document, with or without leave to amend, on the ground that the pleading or other document: