ADVOKS GLOBAL · KENYA
The Court of Appeal Rules
70. Withdrawal of appeals
Edition: 2022-12-31 · In force
70. Withdrawal of appeals
(1)An appeal may be withdrawn at any time before hearing by notice in writing to the Registrar signed by the appellant and, upon such notice being given, the appeal shall be deemed to have been withdrawn.(2)When any appeal is withdrawn under subrule (1), the Registrar shall forthwith notify the respondent and the registrar of the superior court.(3)An appeal which has been withdrawn under subrule (1) may be restored by leave of the Court on the application of the appellant if the Court is satisfied that the notice of withdrawal was induced by fraud or mistake and that the interests of justice require that the appeal be heard.(4)An appeal may be withdrawn by an informal application in court at any time before the hearing is concluded.