- Flynote
- Civil Procedure|Appeals and reviews
- Case summary
- The court held that the notice of appeal having been filed out of time and the application to file out of time having been dismissed, the appeal was hence a nullity. That the bone of contention was whether the applicant was entitled to the costs of the suit and the appeal. The court held that as the respondent had withdrawn the appeal before the hearing of the application, the ground wouldn’t stand. That the appeal withdrawn without the consent of the parties and permission by the court stands dismissed with costs.
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