PART 4DISPOSAL OF AN APPEAL

CHAPTER 10ABANDONMENT OF APPEAL

Application to abandon appeal10.1

1

An appellant may apply to the Court to abandon an appeal by lodging a minute of abandonment.

2

The appellant must, at the same time as lodging a minute of abandonment, apply by motion to abandon in terms of the minute of abandonment.

3

Where all of the parties consent to the abandonment of the appeal, the Court must refuse the appeal.

4

Where the other parties do not consent to the abandonment of the appeal, the Court may either—

a

refuse the application; or

b

grant the application and refuse the appeal.

5

If the Court refuses an appeal under this rule, it may make an order as to the expenses of the appeal.

6

If the Court refuses an application, it may make an order as to the expenses of the application.