The East African Court of Justice Rules of Procedure 2013
(a)
he shall be deemed to have withdrawn his notice
of appeal and shall, unless the Court orders
otherwise, be liable to pay the costs of any
persons on whom the notice of appeal was served
arising from that failure to institute the appeal;
(b)
any person on whom the notice of appeal was
served shall be entitled to give notice of appeal
notwithstanding that the prescribed time has
expired, if he does so within fourteen (14) days
of the date by which the party who lodged the
previous notice of appeal should have instituted
his appeal.
Extension
of time
where
notice of
appeal has
not been
lodged
82A. A party who intends to lodge in the Appellate Division
an application for extension of time to appeal shall first lodge a
notice of appeal in the same Division, which shall be stamped
“lodged out of time”.
Applications
to First
Instance
Division or
Appellate
Division
83. Whenever application may be made either to the First
Instance Division or to the Appellate Division, it shall in the
first instance be made to the First Instance Division unless
specific rules provide otherwise.
Form of
application
to Court
84. (1) Subject to the provisions of sub-rule (3) and to any
other rule allowing informal application, all applications to the
Court shall be by motion, which shall state the grounds of the
application.
(2) A notice of motion shall be substantially in the
Form A in the Seventh Schedule to these Rules and shall be
signed by or on behalf of the applicant.
(3) The provisions of this Rule shall not apply—
(a)
to applications made in the course of hearing,
which may be made informally; or
(b)
to applications made by consent to all parties,
which may be made informally by letter.
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