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The Respondents presented two motions. They sought an order for payment of costs after the Appellants discontinued the appeal. The brief background leading to the motions was that the Appellants had sued the Respondents in the High Court. A preliminary issue was raised which led to the High Court Judge dismissing the Appellant's case in the High Court. The Appellants were aggrieved by the decision and appealed to this court on 13th August 2012. Subsequently, on 15th October 2012 the Appellants lodged the record of appeal and on 20th September 2014 filed heads of argument in support of the appeal. The Supreme Court set down the hearing of the appeal in the April 2015 Ndola sessions and issued a cause list to that effect. After the First Respondent realized that the matter would come up on appeal, it filed a notice of intention to raise preliminary issue on 22nd May 2015 and served the process to that effect upon the Appellants. On 28th May 2015, the Appellants filed a notice of withdrawal of appeal.
Rule 63(1) of the Supreme Court Rules - withdrawal of appeal absent consent of the parties
Order as to costs - liability for costs