15. What happens after a case is presented before the Court?
Upon filing the claim or reference, the Registrar issues a notification (in the standard
Form 1 of the Second Schedule to the Court’s Rules) signed by the Registrar or an
authorised officer requiring the Respondents to file their statement of defence,
accompanied by a copy of the statement [Rule 26].
16. What happens if the Respondent/Defendant cannot be found?
Substituted service
Where the notification cannot be served normally [under Rules 27 and 28], the
Court may direct the notification to be served by affixing a copy of it in some
conspicuous place in both the Court premises and the premises in which the
Respondent last resided or carried on business or worked for gain, or by
advertisement in newspapers; or in such other manner as the Court thinks fit. This is
known as substituted service [Rule 29(1)].
Substituted service is as effectual as if service had been made on the Respondent
personally [Rule 29(2)].
Unless otherwise directed, substituted service shall be by advertisement, in the
standard Form 4 of the Second Schedule to the Court’s Rules of Procedure [Rule
29(3)].
17. What is the procedure when a suit is brought against someone?
File a Response/Defence to the Reference [Rule 27]
Within 45 days after being served with a notification of the Reference, the
Respondent files a statement of response; and serves a copy of it on the Applicant
[Rule 30(1) & (2)].
Within 45 days after service, the Applicant may file a reply to the response. The
reply does not repeat the party’s contentions. It focuses, rather, on the issues that
still divide the Parties [Rule 30(2)].
Likewise, the Respondent may, respond to the Applicant’s reply (i.e. a rejoinder)
within 45 days of service. The rejoinder does not repeat the party’s contentions;
rather it seeks to bring out unresolved issues between the Parties [Rule 30(4)].
Again here, as elsewhere in this Guide, if you are in doubt you should consult an
advocate or check with the Court Registry either at the EACJ Headquarters, or at the
Court’s sub-registry located in your Partner State.
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