East African Community Court of Justice
Rules of Procedure, 2019.
(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 or she was prevented by any sufficient reason from appearing
when the appeal or cross-appealwas called on for hearing.
(3) If the appellant appears and the respondent fails to
appear on the day the appeal is fixed for hearing, the appeal shall
proceed in the absence of the respondent and any cross-appeal
may be dismissed, unless the Court deemsit fit to adjourn the
hearing.
(4) Where an appeal has been allowed or a crossappeal dismissed in the absence of the appellant or respondent,
the appellant or respondent may apply to the Court to re-hear
the appeal or to restore the cross-appeal for hearing, if the party
can show that he was prevented by any sufficient reason from
appearing when the matter was called for hearing.
(5) An application for restoration under the proviso to
sub-rule (2) or (4) of this Rule shall be made within thirty (30)
days of the decision of the Court, or in the case of a party who
should have been served with a notice of the hearing but was not
served, within thirty (30) days of his first hearing of that decision.
(6) For the purposes of this Rule, a party who has lodged
a statement under the provisions of Rule 111shall be taken to have
appeared.
118.
(1) The Court shall, at the hearing of an application or
appeal hear the applicant or appellant first then the respondent,
and then the applicant or appellant.
(2) At the hearing of an appeal where notice of crossappeal has been given, the Court shall ordinarily hear the appellant
first on the appeal, then the respondent on the appeal and on the
cross-appeal, then the appellant in reply on the cross-appeal.
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Order of
addresses.