5th May, 2010
EAST AFRICAN COMMUNITY GAZETTE
15
Rule 31: Defence and counter-claim
(1)
Within 30 days after being served with notification of the statement of claim, the respondent shall
file a statement of defence with or without a counter-claim and serve a copy on the claimant.
(2)
A Statement of Defence shall state the:
(3)
(a)
name and address of the respondent;
(b)
concise statement of facts and law relied on;
(c)
the nature of any evidence in support where appropriate; and
(d)
order sought by the respondent.
A respondent who desires to make a counter-claim shall add it to the statement of defence. A
counter-claim shall contain:
(a)
an admission or denial of the facts stated in the claim;
(b)
any additional facts if necessary and the law relied on;
(c)
order sought.
SECTION VIII: THIRD PARTY AND INTERVENTION
Rule 32: Notice to third party
(1)
Where a respondent claims as against any other person not already a party to the claim or reference
(hereinafter called the third party):
(a)
any contribution or indemnity; or
(b)
any relief or remedy relating to or connected with the original subject-matter of the claim or
reference and substantially the same as some relief or remedy claimed by the applicant or
claimant; or
(c)
that any question or issue relating to or connected with the said subject-matter is substantially
the same question or issue arising between the claimant and the respondent and should
properly be determined not only as between the applicant or claimant and the respondent but
also as between the applicant or claimant and respondent and the third party or between any
or either of them;
the respondent may, with leave of the Court, issue a notice (hereinafter called a third party notice)
to that effect. Application for such leave shall be by ex parte motion supported by affidavit.
(2)
A copy of such third party notice shall be filed and served on the third party in accordance with the
Rules relating to the service of a notification.
(3)
The notice shall state the nature and grounds of the claim, and shall, unless otherwise ordered by
the Court, be filed within the time limited for filing the response, and shall be in accordance with
Form 4 in the First Schedule with such variations as circumstances require. The third party notice
shall be served with a copy of the claim.