The East African Court of Justice Rules of Procedure 2013 Nonappearance (c) the Appellate Division shall not allow an appeal or cross-appeal on any ground not set forth in the memorandum of appeal or notice of crossappeal, without affording the respondent, or any person who in relation to that ground should have been made a respondent, or the appellant, as the case may be, an opportunity of being heard on that ground; and (d) at the hearing of an appeal, the arguments contained in any statement lodged under Rule 101 of these Rules shall receive the same consideration as if they had been advanced orally at the hearing. 107. (1) If on any day fixed for the hearing of an appeal, the appellant does not appear, the appeal may be dismissed and any cross-appeal may proceed, unless the Appellate Division sees fit to adjourn the hearing; (2) Where an appeal has been so dismissed under subrule (1) of this Rule or any cross-appeal has been allowed, the appellant may apply to the Appellate Division to restore the appeal for hearing or to re-hear the cross-appeal, if he can show that he was prevented by any sufficient cause from appearing when the appeal was called on for hearing. (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 crossappeal for hearing, if the respondent can show that he was prevented by any sufficient cause from appearing when the appeal was called for hearing. 62