5th May, 2010 EAST AFRICAN COMMUNITY GAZETTE 39 (3) If the appellant appears and the respondent fails to appear, the appeal shall proceed in the absence of the respondent and any cross-appeal may be dismissed, unless the Appellate Division sees fit to adjourn the hearing. (4) Where an appeal has been allowed or cross-appeal dismissed in the absence of the respondent, the respondent may apply to that court to re-hear the appeal or to restore the cross-appeal for hearing, if the respondent can show that he was prevented by any sufficient cause from appearing when the appeal was called for hearing. (5) An application for restoration under the proviso to sub-rule (2) or (4) of this Rule shall be made within thirty (30) days of the decision of that court, or in the case of a party who should have been served with a notice of the hearing but was not served, within thirty (30) days of his first hearing of that decision. (6) For the purposes of this Rule, a party who has lodged a statement under the provisions of Rule 100 shall be taken to have appeared. Rule 108: Order of addresses (1) The Appellate Division shall, at the hearing of an application or appeal hear first the applicant or appellant, then the respondent, and then the applicant or appellant (2) At the hearing of an appeal where notice of a cross-appeal has been given, the Court shall ordinarily hear the appellant first on the appeal, then the respondent on the appeal and on the cross-appeal, then the appellant in reply on the cross-appeal. (3) The Appellate Division may dismiss but shall not allow any preliminary objection, application, appeal or cross-appeal without affording the opposing party an opportunity to be heard. (4) After hearing the opposing party, the Appellate Division may allow but shall not dismiss any preliminary objection, application, appeal or cross-appeal without giving the objector, applicant, appellant or cross-appellant an opportunity to reply. (5) The provisions of this Rule shall apply where notice of grounds for affirming the decision has been given, in the same way in all respects as where notice of cross-appeal has been given. Rule 109: Judgment (1) The judgment of the Appellate Division shall be pronounced in open court, either on the hearing or at any subsequent time, of which notice shall be given by the Registrar to the parties to the appeal. (2) Such judgment may be pronounced notwithstanding the absence of the Judges who composed the Appellate Division or any of them, and the judgment of any Judge not present may be read by a Judge or by the Registrar. (3) A certified copy of the judgment shall be sent by the Registrar to the First Instance Division. PART D: MISCELLANEOUS PROVISIONS SECTION XVIII: STAY OF PROCEEDINGS AND EXECUTION Rule 110: Stay of Proceedings and of Execution (1) An appeal shall not operate as a stay of proceedings under decree or order appealed from except so far as the Court may order, nor shall execution of a decree be stayed by reason only of an appeal having been preferred from the decree; but the Court may for sufficient cause order stay of execution of such decree.