East African Community Court of Justice
Rules of Procedure, 2019.
SECTION XX
CASE STATED
Preliminary
rulings.
126.
(1) A request by a national court or tribunal of a Partner
State concerning the interpretation or application of the provisions
of the Treaty or the validity of any regulation, directive, decision
or action of the Community pursuant to Article 34 of the Treaty
shall be lodged in the Court by way of a case stated, in accordance
with the procedure set forth in the Sixth Schedule of these Rules.
(2) A case stated shall specify the question raised and
the issues to be determined.
(3) The Court, as soon as it has reached a decision shall,
communicate it to the national court or tribunal concerned.
PART D
SECTION XXI
COSTS
Costs.
127.
(1) Costs in any proceedings shall follow the event
unless the Court shall for good reasons otherwise order.
(2) If it appears to the Court that costs have been
incurred improperly or without reasonable cause by reason of any
misconduct or default of the party and/or advocate, the Court may
call on the advocate by whom such costs have been so incurred to
show cause why such costs should not be borne by the advocate
personally, and thereupon may make such order as the justice of
the case requires.
Assessment
of costs
128.
(1) When the Court makes an order for costs it may
assess the same or direct the costs to be taxed and any order in
which amount is not assessed, shall operate as a direction that the
costs be taxed.
(2) For the purpose of execution for costs, a certificate
of taxation and the order directing taxation shall be appended to
the execution order.
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