The respondent passed on after the appeal was called for
hearing. There was representation and his widow could
not afford a lawyer to even ger letters of administration.
The appellant therefore sought leave of court to withdraw
Court considered whether an appeal can be withdrawn
after it has been called for hearing.
Court ruled that outside the application of Rule 94 of the
court of appeal rules, an appeal can be withdrawn only
with leave of court. Compliance to rule 94 was not
possible because there was no representative to the
Court accordingly granted the appellant leave to withdraw