The East African Court of Justice Rules of Procedure 2013
(2) The respondent shall also serve copies of the notice
of cross-appeal or notice of grounds for affirming the decision,
as the case may be, on such other parties to the original
proceedings as that court may, at any time, on application or of
its own motion, direct and within such time as the court may
prescribe.
Withdrawal
of appeal
94. (1) An appellant may at any time after instituting his
appeal and before the appeal is called on for hearing lodge in
the appropriate registry a written notice that he does not intend
further to prosecute the appeal.
(2) The appellant shall, within seven (7) days after
lodging the notice of withdrawal, serve copies of it on each
respondent who has complied with the requirements of Rule 80.
(3) If all the parties to the appeal consent to the
withdrawal of the appeal, the appellant may lodge in the
appropriate registry the document or documents signifying the
consent of the parties and thereupon the appeal shall be struck
out of the list of pending appeals.
(4) If all the parties to the appeal do not consent to the
withdrawal of the appeal, the appeal shall stand dismissed with
costs, except as against any party who has consented, unless the
court, on the application of the appellant, otherwise orders.
(5) An application under sub-rule (4) of this Rule shall
be made within fourteen (14) days after the lodging of the
notice of withdrawal.
Rights of
respondent
when appeal
is
withdrawn
95. (1) If an appeal is withdrawn under Rule 94 of these Rules
after notice of cross-appeal has been given, the respondent who
gave the notice may withdraw it within fourteen (14) days after the
service on him of the notice of withdrawal.
(2) If it is not withdrawn, the cross-appeal shall
proceed to hearing, and these Rules shall apply as if the crossappellant were an appellant and the appellant a respondent.
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