East African Community Court of Justice Rules of Procedure, 2019. Facts not evidence to be pleaded. 35. (1) Subject to the provisions of this Rule and Rules 38, 39 and 40, every pleading shall contain a concise statement of material facts upon which the party’s claim or defence is based not the evidence by which those facts are to be proved. (2) Without prejudice to sub-rule (1), the effect of any document or the purport of any conversation referred to in the pleading shall, if material, be briefly stated, but the precise words of the document or conversation shall not be stated, except in so far as those words are themselves material. (3) A party need not plead any fact if it is presumed by law to be true or the burden of disproving it lies on the other party, unless the other party has specifically denied that fact. Matters to be specifically pleaded. 36. (1) Every pleading shall contain the necessary particulars of any claim, defence or other matter pleaded and without prejudice to the generality of the foregoing shall include:— (a) particulars of any misrepresentation, fraud, negligence, breach of trust, wilful default or undue influence on which the party pleading relies; and (b) where a party pleading alleges any condition of the mind of any person, such as disorder or disability of mind, malice, fraudulent intention or other condition of the mind except knowledge, particulars of the facts on which the party relies. (2) A party shall plead every matter which:— (a) is alleged to make the pleading of the opposite party not maintainable; or (b) if not specifically pleaded, would take the opposite party by surprise; or (c) raises issues of fact not arising out of the preceding pleading. 26