East African Community Court of Justice
Rules of Procedure, 2019.
(3) Subject to Rules 43 and 48, a party may in any
pleading plead any matter which has arisen at any time, whether
before or since the filing of the reference or statement of claim.
37.
(1) There shall be annexed to the original of every
pleading certified copies of any relevant document in support of
the contentions contained in the pleading.
Annexures
to pleadings.
(2) If only parts of the documents are relevant, only such
certified extracts as are necessary for the purpose of the pleading
in question or for identifying the document need be annexed.
(3) A list of all documents annexed to a pleading shall
be furnished at the time the pleading is filed.
38.
(1) No party may, in any pleading, make an allegation
of fact, or raise any new ground of claim, inconsistent with that
party’s previous pleading in the same case.
Departure.
(2) Sub-rule (1) shall not prejudice the right of a party to
amend or apply for leave to amend any previous pleading.
39.
(1) A party may by its pleading raise a point of
preliminary objection.
Preliminary
Objections.
(2) Where a respondent intends to raise a preliminary
objection he shall, before the Scheduling Conference provided
for under Rule 63, give not less than seven (7) days written notice
of the preliminary objection to the Court and to the other parties
stating specifically the nature and grounds of that objection.
(3) Nothing in sub-rule (2) shall prevent the Court
for sufficient reason from entertaining a preliminary objection
otherwise raised.
40.
(1) The Court may order a party to supply to any other
party further and better particulars of any application, claim,
defence or other matter stated in its pleading, and the order may
be made on such terms as the Court thinks just.
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Further
and better
particulars.