Order 11 Court Of Appeal Rules 2021

Order 11 of the Court of Appeal Rules 2021 is about Withdrawal Of Appeal. It contains the following rules:

Order 11 Rule 1 Court of Appeal Rules 2021 – Unilateral withdrawal of Appeal (Form 12)

An Appellant may at any time before the hearing of an appeal file notice of withdrawal of the appeal at the Registry and serve the parties. 

Order 11 Rule 2 Court of Appeal Rules 2021 – Withdrawal of Appeal by Consent (Form 13)

If all parties to the appeal consent to the withdrawal of the appeal without an order of the Court, the Appellant may file in the Registry the document or documents signifying such consent and signed by the parties and/or their legal representatives and the appeal shall thereupon be deemed to have been withdrawn and shall be struck out of the list of appeals by the Registrar and in such event any sum deposited against costs shall be paid out to the Appellant.

Order 11 Rule 3 Court of Appeal Rules 2021 – Effect of withdrawal by consent

The withdrawal of an appeal with the consent of the parties under Rule 2 of this Order shall be a bar to further proceedings under Order 9.

Order 11 Rule 4 Court of Appeal Rules 2021 – Effect of Unilateral Withdrawal

A unilateral withdrawal of an appeal does not operate as a bar to the recovery of costs by any party affected thereby.

Order 11 Rule 5 Court of Appeal Rules 2021 – Appeal by Respondent after withdrawal

Upon a unilateral withdrawal of an appeal a Respondent who has filed a Respondent Notice under Order 9, may proceed with the prosecution of his appeal in accordance with the provisions of these Rules.

Order 11 Rule 6 Court of Appeal Rules 2021 – Effect of withdrawal of an Appeal

An appeal which has been withdrawn under this Order, with or without an order of the Court, shall be deemed to have been dismissed.