The East African Court of Justice Rules of Procedure 2013
(d)
to the High Court or a court of equivalent
jurisdiction in the Partner State where the
respondent resides with the request to effect the
service.
(2) A national court to which a request for service of
notification is sent under sub-rule (1) (c) may upon receipt
thereof proceed as if the notification had been issued by such
national court, and shall then return the notification to the Court,
together with the record if any of its proceedings with regard
thereto.
(3) No objection may be made to the service of a
notification on the ground that the person who served the
notification either was not authorised so to do or exceeded or
failed to comply with his or her authority in any way.
28. (1) A notification shall be valid for a period of three (3)
months from the date of issue.
Validity of
Notification
(2) Where a notification has not been served on a
respondent the Court may extend the validity of the notification
from time to time if satisfied it is just to do so.
(3) An Application for extension under sub-rule (2)
shall be supported by an affidavit setting out the attempts to
serve and their result, and the extension may be made without
the advocate or claimant appearing in person.
(4) Where after expiry of six (6) months from the issue
of notification no application for extension of notification has
been made under sub-rule (2) the Court may without notice
dismiss the claim.
29. (1) Where the Court is satisfied that for any reason the
notification cannot be served in accordance with any of the
preceding Rules, the Court may on application direct the
notification to be served by affixing a copy thereof in some
21
Substituted
service