The East African Court of Justice Rules of Procedure 2013 (3) If an appeal is withdrawn under Rule 94 of these Rules within fourteen (14) days after the date when the appeal was instituted, any respondent who has not lodged a notice of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. 96. (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. Withdrawal of crossappeal or of grounds for affirming decision (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. 97. (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. (2) A notice of appeal shall not be incompetent by reason only that the person on whom it is required to be served was dead at the time when the notice was lodged but a copy of the notice shall be served as soon as practicable on the legal representative of the deceased. (3) An appeal shall not be incompetent by reason only that the respondent was dead at the time when it was instituted 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 (4) An appeal shall not be instituted in the name of a person who is dead or has ceased to exist but may be instituted in the name of his or its legal representative. 57 Death of party to appeal