37. By two notices dated 18 and 19 September 2013, the Registrar notified the parties of the hearing of the application on 25 to 27 September 2013. 38. By a letter dated 19 September 2013, the Respondent informed the Registrar that it, being guided by the letter of the Registrar of 23 July 2013, had set aside 26 and 27 September 2013 for the hearing. The Respondent proposed that the scheduled hearing be only on the preliminary objections and that the hearing on the merits be set down for March 2014. By a letter dated 20 September 2013 and copied to the Applicant, the Registrar replied to this letter clarifying that despite the guidance provided by the letter dated 23 July 2013 and its attachments notifying the parties of the hearing being for 24-27 and 26 to 27 September 2013, respectively, the prevailing interpretation was that the hearing was for 24-27 September 2013 and that in any event, there would be no problem posed regarding the Respondent's witnesses' attendance at the hearing since their testimony was scheduled for 26 and 27 September 2013. 39. On 23 September 2013, the Applicant informed the Registrar of the substitution of his expert witness with another expert witness. 40. Also on 23 September 2013, the Respondent informed the Court of the death of Mr. Dixon N Ntimbwa who was the Lead Counsel for the Respondent in preparing the defence to the Application. By a letter of the same date, the Registrar acknowledged receipt of the Respondent's letter and by cop~