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. 24

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