East African Community Court of Justice Rules of Procedure, 2019. (b) serve a copy of the notice of address for service on every other person named in the notice of appeal as a person intended to be served; and (c) file in the Registry an affidavit of service. (2) A notice of address for service shall be in the format provided in Form D in the Seventh Schedule to these Rules and shall be signed by or on behalf of the person lodging it. (3) The lodging and service of an address for service shall not operate or be construed as an admission that the appeal is competent or as a waiver of any irregularity. Application to strike out notice of appeal or appeal. 91. A person on whom a notice of appeal has been served may at any time, either before or after the institution of the appeal, apply to the Court to strike out the notice or the appeal, as the case may be on the ground that no appeal lies or that some essential step in the proceedings has not been taken or has not been taken within the prescribed time. Effect of failure to institute appeal. 92. If a party who has lodged a notice of appeal fails to institute an appeal within the prescribed time:— (a) he shall be deemed to have withdrawn his notice of appeal and shall, unless the Court orders otherwise, be liable to pay the costs of any person on whom the notice of appeal was served arising from that failure to institute the appeal; and (b) any person on whom the notice of appeal was served shall be entitled to give notice of appeal notwithstanding that the prescribed time has expired, if he does so with fourteen days of the date by which the party who lodged the previous notice of appeal should have instituted his appeal. Where notice of appeal is lodged out of time. 93. A party who intends to lodge in the Court an application for extension of time to appeal shall first lodge a notice of appeal in the Appellate Division, which shall be stamped “lodged out of time”. 56