25. What happens if the Applicant or the Respondent or Both fail to attend the hearing? You should note the following: x If neither party attends the hearing, the Court may dismiss the claim or application or make such other order as it thinks fit [Rule 61(1)]. x If the Claimant or Applicant does not appear, but the Respondent appears, the claim or application may be dismissed and any counterclaim may proceed, unless the Court sees fit to adjourn the hearing. However, the Court may afterwards, upon application by the Claimant or Applicant, restore the claim or the application for hearing and may re-hear the counterclaim, if satisfied that the Claimant or Applicant was prevented by sufficient cause from appearing [Rule 61(2)]. x If the Respondent does not appear, but the Claimant or Applicant appears, the hearing may proceed without the Respondent; and any counterclaim may be dismissed unless the Court sees fit to adjourn the hearing. However, the Court may afterwards upon the application of the Respondent, rehear the claim or application or restore the counter-claim for hearing if satisfied that the Respondent was prevented by sufficient cause from appearing [Rule 61(3)]. x Any ex parte judgment or order (i.e. one delivered when only one party is present) shall be set aside when the Court orders that a claim, counterclaim or application be restored for hearing or be reheard [Rule 61(4)]. x Where a claim, counterclaim or application is dismissed and an application for its restoration is disallowed, no fresh claim, counterclaim or application may be brought upon the same cause of action (i.e. the legal basis for suing) [Rule 61(5)]. x An application for restoration shall be made within 30 days of the decision of the Court [Rule 61(6)]. 26. What are the different Court Proceedings and how is the Oral Proceeding conducted? The EACJ handles its cases by adhering to the rules and procedure of the Court. The Court (both at the First Instance Division and at the Appellate Division) ensures that the cases are heard fairly and justly with equal treatment to both parties and in an organized and transparent way. All proceedings, including pronouncements of the Court’s decisions, are held in open Court, except in the rare event of a party (for sufficient cause), applying for proceedings in camera [Rule 60]. Also Applications heard by a single Judge, may be heard in chambers (i.e. the Judge’s office), or in open Court [Rule 60(3)]. The proceedings before the Court are recorded and later transcribed for ease of access and custody. The transcribed records of each hearing are signed by the 11