East African Community Court of Justice
Rules of Procedure, 2019.
(2) An order under this rule shall not be made before the
filing of the defence unless the order is necessary or desirable to
enable the respondent to plead or for some other special reason.
Admissions
and denials.
41.
(1) Any allegation of fact made by a party in a pleading
shall be deemed to be admitted by the opposite party unless it is
denied by the opposing party in the pleading.
(2) A denial may be made either by specific denial or by
a statement of non-admission and either expressly or by necessary
implication.
(3) Every allegation of fact made in a pleading which
is not admitted by the opposite party shall be specifically denied
by that party; and a general denial or a general statement of nonadmission of such allegation shall not be a sufficient denial.
Denials by
joinder of
issues.
42.
(1) If there is no reply to a response or defence, there is
a joinder of issues.
(2) Subject to sub-rule (3):—
(a) there is, at the close of pleadings, a joinder of
issues on the pleading last filed; and
(b) a party may, in his or her pleading, expressly join
issue on the immediately preceding pleading.
(3) There can be no joinder of issues on an application,
claim or counter-claim.
(4) A joinder of issues operates as a denial of every
material, allegation of fact made in the pleading in question
except what is stated to be admitted.
Closure of
pleadings.
43.
The pleadings, in any case, shall be closed fourteen (14)
days after service of the reply, or, if no reply is served, fifteen (15)
days after service of the response or defence or the defence to a
counterclaim.
28