East African Community Court of Justice
Rules of Procedure, 2019.
(4) The notice shall state the nature and grounds of the
claim or reference 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 and the same third party
notice shall be served with a copy of the claim or reference.
(5) 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.
(6) The provisions of sub-rule (4) shall also apply to any
subsequent person made a party to the claim or reference.
56. (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 or 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 the 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:
35
Filing and
serving
Third Party
defence.