The East African Court of Justice Rules of Procedure 2013
(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.
34. 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.
Third party
directions
35. (1) A respondent who desires to claim against a corespondent—
Cross
claims
(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
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