5th May, 2010 EAST AFRICAN COMMUNITY GAZETTE 31 Rule 80: Respondent to give address for service (1) Every person on whom a notice of appeal is served shall, within fourteen (14) days after service on him of the notice of appeal: (a) lodge in the appropriate registry and serve on the intended appellant notice of a full and sufficient address for service; and (b) serve a copy of the notice of address for service on every other person named in the notice of appeal as a person intended to be served. (2) A notice of address for service shall be substantially in the Form D in the Sixth Schedule to these Rules and shall be signed by or on behalf of the person lodging it. (3) The lodging and service of an address for service shall not operate or be construed as an admission that the appeal is competent or as a waiver of any irregularity. Rule 81: Application to strike out notice of appeal or appeals A person on whom a notice of appeal has been served may at any time, either before or after the institution of the appeal, apply to the Court to strike out the notice or the appeal, as the case may be on the ground that no appeal lies or that some essential step in the proceedings has not been taken or has not been taken within the prescribed time. Rule 82 Effect of failure to institute appeal If a party who has lodged a notice of appeal fails to institute an appeal within the prescribed time: (a) he shall be deemed to have withdrawn his notice of appeal and shall, unless the Court orders otherwise, be liable to pay the costs of any persons on whom the notice of appeal was served arising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. Rule 83: Applications to First Instance Division or Appellate Division 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. Rule 84: Form of application to Court (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 Sixth 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.