East African Community Court of Justice Rules of Procedure, 2019. (2) Applications before a single judge under sub-rule (2) of Rule 69 may be heard in chambers or in open court as the judgemay deem fit. Hearing and consequence of nonattendance. 71. (1) If on the day fixed for hearing, neither party attends,the Court may dismiss the claim, reference or application or make such other order as it thinks fit. (2) If on the day fixed for hearing the claimant or applicant does not appear and the respondent appears, the claim, reference or application may be dismissed and any counter-claim may proceed, unless the Court sees it fit to adjourn the hearing:— Provided that where the claim, reference or application is so dismissed or a counterclaim so proceeds, the Court may, on application by the claimant or applicant, restore the claim, reference or the application for hearing and may re-hear the counter-claim, if satisfied that the claimant or applicant was prevented by sufficient cause from appearing. (3) If on the day fixed for hearing the respondent does not appear and the claimant or applicant appears, the hearing may proceed in the absence of the respondent and any counterclaim may be dismissed unless the Court sees it fit to adjourn the hearing:— Provided that where the claim, reference or application so proceeds or the counter-claim is so dismissed the Court may on the application of the respondent re-hear the claim, reference or application or restore the counter-claim for hearing if satisfied that the respondent was prevented by sufficient cause from appearing. (4) Any ex parte judgment or order made under sub-rule (2) or (3) shall be set aside when the Court orders that a claim, reference, counter-claim or application be restored for hearing or be re-heard. 46