x
x
x
x
be lodged within 30 days of the decision appealed against [Rule 78(2)];
state whether it is intended to appeal against the whole or only part of the
decision;
where it is intended to appeal against part only of the decision, specify the
part complained of;
state the address for service of the Appellant, and the names and addresses
of all persons intended to be served with copies of the notice [Rule 78(3)].
When an appeal lies only with leave or on a certificate that a point of law is involved,
it is not necessary to obtain the leave or the certificate before lodging the notice of
appeal [Rule 78(4)].
Where it is intended to appeal against a decree or order, it is not necessary that the
decree or
order be extracted before lodging a notice of appeal [Rule 78(5)].
A notice of appeal is made substantially in standard Form B of the Sixth Schedule to
the Court’s Rules and is signed by the Appellant [Rule 78(6)].
32. Can the EACJ help you settle a dispute without going to trial?
Yes, it can! The EACJ has developed several “alternative dispute resolution," or
simply “Mediation” processes for resolving disputes without going to trial. These
processes offer several advantages for solving a dispute. They:
x
x
x
x
x
x
x
save time;
save legal expenses;
provide the parties an opportunity for greater control over the dispute
resolution process;
allow parties to resolve their conflict in a more creative way than might be
possible if it were left to litigation (i.e. adjudication by a judge);
give the parties greater privacy and confidentiality in resolving their dispute
than is afforded in a public courtroom;
reduce the emotional toll that a lawsuit can take on everyone concerned;
can permit valued relationships among the parties to be preserved.
(2) What are these “Alternative Dispute Resolution” Processes?
There are several alternative dispute resolution processes: arbitration, mediation,
early neutral evaluation, moderated settlement conference, direct negotiations, etc.
However, in accordance with Article 32 of the EAC Treaty the ADR mechanism of
choice is Arbitration. The Court has set up an EACJ Arbitration Scheme grounded in
the EACJ’s Rules of Arbitration of 2012.
Similarly, the EACJ in its Rules of Procedure expressly recognises Mediation as a
viable ADR tool (see Rule 54 and the guidelines set out in the Fifth Schedule to the
Court Rules).
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