The East African Court of Justice Rules of Procedure 2013
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 5 in the Second Schedule with such
variations as circumstances require. The third party notice shall
be served with a copy of the claim.
(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.
Default by
third party
33. (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 and serve upon the applicant/claimant
and respondent 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.
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