East African Community Court of Justice Rules of Procedure, 2019. (5) The provisions of sub-rules (1), (2) and (3) of this Rule shall apply mutatis mutandis to an appellant who desires to contend in opposition to a cross-appeal that the decision of the First Instance Division should be affirmed on grounds other than or additional to those relied on by that Division. Service of notice of cross-appeal or notice of grounds for affirming decision. 104. (1) A respondent who has cross-appealed or contends that a decision of the First Instance Division should be affirmed on grounds other than those relied on by that Division shall, within seven (7) days after lodging his notice of cross-appeal or notice of grounds for affirming the decision, as the case may be, serve a copy of it on all other persons directly affected by the cross-appeal or by the appeal, as the case may be. (2) The respondent shall also serve copies of the notice of cross-appeal or notice of grounds for affirming the decision, as the case may be, on such other parties to the original proceedings as that Court may, at any time, on application or of its own motion, direct and within such time as the Court may prescribe. Withdrawal of appeal. 105. (1) An appellant may at any time after instituting his appeal and before the appeal is called on for hearing lodge in the appropriate registry a written notice that he does not intend further to prosecute the appeal. (2) The appellant shall, within seven (7) days after lodging the notice of withdrawal, serve copies of it on each respondent who has complied with the requirements of Rule 90. (3) If all the parties to the appeal consent to the withdrawal of the appeal, the appellant may lodge in the registry the document or documents signifying the consent of the parties and thereupon the Registrar shall mark the appeal as withdrawn. (4) If all the parties to the appeal do not consent to the withdrawal of the appeal, the appeal shall stand dismissed with costs, except as against any party who has consented, unless the Court, on the application of the appellant, otherwise orders. 62