East African Community Court of Justice
Rules of Procedure, 2019.
(5) Where under sub-rule (2) or (3) a claim, reference,
counter-claim or application is dismissed and an application for
its restoration is disallowed, no fresh claim, reference, counterclaim or application may be brought upon the same cause of
action.
(6) An application for restoration under sub-rule (2) or 3
shall be made within thirty (30) days of the decision of the Court
or when the applicant became aware of the decision.
72.
(1) The claimant shall have the right to begin unless the
respondent admits the facts alleged by the claimant and contends
that either on point of law or on some additional facts alleged by
the respondent the claimant is not entitled to any part of the relief
he or she seeks, in which case the respondent shall have the right
to begin.
Right to
begin.
(2) Where there are several issues, and there is a dispute
as to which party is to begin, the Court shall direct the party on
which the greater burden of proof lies to begin.
73.
(1) At the hearing the party having the right to begin
shall state its case and produce evidence in support of the issues
which it is bound to prove and thereafter the other party shall then
state its case and produce evidence, and may then address the
Court generally on the case. The party beginning may reply.
Statement
and
production
of evidence.
(2) Where, after the party beginning has produced its
evidence the other party does not produce any evidence, the party
beginning shall address the Court first on the case, and the other
party shall then address the Court in reply. The Court may then
allow the party beginning to comment on a new point raised in the
address by the other party.
(3) A party may present its legal arguments in writing.
74.
A witness shall before giving evidence take an oath or
affirmation in accordance with Form 8 in the Second Schedule.
47
Evidence
to be given
on oath or
affirmation.