39. Glossary of Legal Terms
In this Users Guide the following words and expressions have the meanings
assigned to them respectively in the EAC Treaty, and unless the context otherwise
requires:
“Advocate” [allowed to represent a party before the EACJ] means an advocate who
is entitled to appear before a superior court of any of the Partner States;
“Appellate Division” means the Appellate Division of the EACJ established under
Article 23 of the Treaty;
“Counsel to the Community” means the Counsel to the Community provided for
under Article 69 of the Treaty;
“Court” means the East African Court of Justice and includes a single Judge
exercising any power vested in that Judge sitting alone;
“Decree” means the formal expression of an adjudication which, so far as regards
the court expressing it, conclusively determines the rights of the parties with regard
to any of the matters in controversy in the suit and may be either preliminary or final.
“Deputy Principal Judge” means the Deputy Principal Judge of the Court [she/he
is the Deputy Head of the First Instance Division];
“First Instance Division” means the First Instance Division of the Court provided
for under Article 23 of the Treaty;
“Gazette” means the East African Community Gazette;
“Intervener” means a Partner State, the Secretary General or a resident of a Partner
State not a party to a case before the Court, that is permitted to intervene in a case
in accordance with Section VIII] of the Court’s Rules;
“Judge” means a Judge of the Court serving on the First Instance Division or the
Appellate Division;
“National Court” means a court of competent jurisdiction in a Partner State;
“Official holiday” includes the national days of the Partner States as well as New
Year’s Day, Idd el Fitr, Idd el Haj, Good Friday, Easter Monday, Labour Day,
Christmas and Boxing Day;
“Pleading” includes any document lodged/filed by or on behalf of a party relating to a
matter or a case before the Court;
“President” means the President of the Court [the Head of the whole Court];
“Principal Judge” means Principal Judge of the Court [Head of the First Instance
Division];
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