16 EAST AFRICAN COMMUNITY GAZETTE 5th May, 2010 (4) A third party who has as against another person a claim referred to in sub-rule (1) may similarly apply to the Court for leave to issue a notice to such other person. The provisions of the preceding sub-rules shall also apply and the expressions “third party notice” and “third party” shall respectively apply to include every notice so issued and every person served with such notice. (5) The provisions of sub-rule (4) shall also apply to any subsequent person made a party to the claim or reference. Rule 33: Default by third party (1) A third party intending to dispute a claim or reference shall, within thirty (30) days after being served with the third party notice, file a statement of defence stating if it disputes the original claim by the claimant or applicant or its own liability to the party who issued the third party notice or both. (2) A third party who does not file a response or defence within prescribed period shall be deemed to admit the validity of the reference or claim against the respondent and its own liability to contribute or indemnify the respondent as the case may be to the extent claimed in the third party notice. (3) Where a third party makes default in filing a response or defence, or in delivering any pleading and the respondent giving the notice suffers judgment by default, such respondent shall be entitled, after causing satisfaction of the judgment against himself to be entered upon the record, to judgment against the third party to the extent claimed in the third party notice. The Court may upon the application of the respondent pass such judgment against the third party before such respondent has satisfied the judgment against him or her: Provided that it shall be lawful for the Court to set aside or vary any judgment passed under this Rule upon such terms as may seem just. Rule 34: Third party directions Where a third party files a response or defence pursuant to the third-party notice, the Court shall on application of an applicant or claimant, or respondent or third party or on its own motion fix a date for the giving of directions and the Court may on such a date, if satisfied that there is a proper question to be tried as to the liability of the third party, order the question of such liability as between the third party and the respondent giving the notice, to be tried in such manner, at or after the trial of the case, as the Court may direct; and, if not so satisfied, may pass such judgment or make such order as the nature of the case may require. Rule 35: Cross claims (1) A respondent who desires to claim against a co-respondent: (a) to be entitled to contribution or indemnity; or (b) to be entitled to any relief or remedy relating to or connected with the original subject-matter of the action which is substantially the same as some relief or remedy claimed by the claimant; or (c) that any question or issue relating to or connected with the said subject-matter is substantially the same as some question or issue arising between the claimant and the respondent and should properly be determined not only as between the claimant and the respondent but as between the claimant and the respondent and such other person or between any or either of them; may, without leave of the Court, issue and serve on such other person a notice making such claim or specifying such question or issue.