ADVOKS GLOBAL · KENYA
The Court of Appeal Rules
98. Withdrawal of appeal
Edition: 2022-12-31 · In force
98. Withdrawal of appeal
(1)An appellant may, at any time after instituting an appeal and before the appeal is called on for hearing, lodge in the appropriate registry notice in writing of the intention to withdraw the appeal.(2)The appellant shall within seven days after lodging the notice under subrule (1), serve copies thereof on each respondent who has complied with the requirements of rule 81.(3)If all the parties to the appeal consent to the withdrawal of the appeal, the appellant shall file, in the appropriate registry, a consent letter signed by the parties or their advocates and thereupon the appeal shall be struck out of the list of pending appeals by the Registrar.(4)If all the parties to the appeal do not consent to the withdrawal of the appeal, the appellant may, before the conclusion of its hearing, apply for leave to withdraw the appeal before a single judge.(5)An application for withdrawal of the appeal under subrule (4) may be made informally in court on the date of the hearing.