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Blackall, P. This so-called appeal contains no grounds of appeal and counsel admits it was merely brought for the purpose of delay and he now wishes to withdraw it. It is an abuse of the process of the Court to adopt this practice.
As to the application to withdraw the appeal Lord Greene, M.R., in re The Hon. Mrs. Deirdre Samuel (1) said this:-
“There have been from time to time different views taken as to what is the proper order, but it is now quite clearly settled, beyond any possibility of doubt, that the phrase' withdraw the appeal' is not the right phrase, nor is an order giving leave to withdraw an appeal the right order to make. The right order to make is an order dismissing an appeal. An appeal either succeeds or it fails. If it fails because the appellant abandons it, the one and only order that can be made is that it should be dismissed, and the Court's records are, accordingly, kept in order.”
In accordance with that dictum the appeal should be dismissed.
Lewey, I.A. I agree. Coussey, J. I also agree.
Appeal dismissed.