5th May, 2010 (2) EAST AFRICAN COMMUNITY GAZETTE 35 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. Rule 94: Withdrawal of appeal (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. Rule 95: Rights of respondent when appeal is withdrawn (1) If an appeal is withdrawn under Rule 94 of these Rules after notice of cross-appeal has been given, the respondent who gave the notice may withdraw it within fourteen (14) days after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 (2) If it is not withdrawn, the cross-appeal shall proceed to hearing, and these Rules shall apply as if the cross-appellant were an appellant and the appellant a respondent. (3) If an appeal is withdrawn under Rule 94 of these Rules within fourteen (14) days after the date when the appeal was instituted, any respondent who has not lodged a notice of cross-appeal is entitled to give notice of appeal notwithstanding that the time prescribed by Rule 78 of these Rules has expired, if he does so within fourteen (14) days after the date when the appellant’s notice of withdrawal was served on him. Rule 96: Withdrawal of cross-appeal or of grounds for affirming decision (1) A respondent who has given notice of cross-appeal or notice of grounds for affirming the decision of the First Instance Division may withdraw it at any time before the appeal is called on for hearing by lodging in the appropriate registry a written notice to that effect, signed by him or on his behalf. (2) The respondent shall, before or as soon as practicable after lodging the notice of withdrawal, serve a copy of it on the appellant and copies of it on all other respondents who were served with the notice of cross-appeal or notice of grounds for affirming the decision, as the case may be. Rule 97: Death of party to appeal (1) An appeal shall not abate on the death of the appellant or the respondent but the Court shall, on the application of any interested person, cause the legal representative of the deceased to be made a party in place of the deceased.