East African Community Court of Justice Rules of Procedure, 2019. (3) Nothing in this Rule shall be construed so as to prejudice other inherent powers of the Court to conduct proceedings in camera or as prescribed under rule 65 (4) & (5) of these Rules. Arguments at hearing. 116. At the hearing of an appeal:— (a) no party shall, without the leave of the Court, argue that the decision of the First Instance Division should be reversed or varied except on grounds specified in the memorandum of appeal or in a notice of cross-appeal, or support the decision of that Division on any ground not relied on by that Division or specified in a notice given under Rule 103 of these Rules; (b) a respondent shall not, without leave of the Court, raise any objection to the competence of the appeal which might have been raised by application under Rule 91of these Rules; (c) the Court shall not allow an appeal or cross-appeal on any ground not set forth in the memorandum of appeal or notice of cross-appeal, 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 Rule111 of these Rules shall receive the same consideration as if they had been advanced orally at the hearing. Nonappearance. 117. (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 Court deems it fit to adjourn the hearing. 68