LECTURE 11: WHERE A DEFENDANT BLAMES ANOTHER PARTY FOR

HIS WOES

THIRD PARTY NOTICE

THIRD PARTY NOTICE O.1 R.15
 Where the defendant claims against another party not
already a party to the suit –
(a) that he is entitled to contribution or indemnity from him
(b) that he is entitled to a relief or remedy relating to or
connected to the original suit and therefore the same as
some of the relief or remedy claimed by the plaintiff
(c) that the question or issue relating to or connected to the
subject matter of the suit is essentially the same
question or issue arising between the plaintiff and the
defendant and should properly be determined as
between plaintiff , defendant and third party, or any or
either of them
Procedure
 He shall apply to the court, by way of an ex parte
chamber summons application supported by an
affidavit, within 14 days after the close of pleadings
for leave of the court to issue a third party notice
 A copy of the notice shall be filed and served upon
the third party having regard to the rules of service
of summons
 The notice shall be in the form of Form No. 1
Appendix A and shall state the nature and grounds
of the claim and shall be filed within 14 days of
service
 This third party can seek the courts leave to issue a
third party notice to any other third party that he
may deem to be responsible for the initial suit and
the same rules shall apply
 The court shall not grant leave to issue a third party
notice against the government unless the court is
satisfied that the government has all the information
sufficient in the circumstances of the alleged liability
which has arisen against it (r.16)
 A third party who intends to dispute a plaintiff’s claim
as against the defendant or his own liability to the
defendant will need to enter an appearance in the
suit on or before the day specified on the notice (r.17)
Non-Appearance by Third Party
 In default of entering appearance in time he shall
be deemed to admit the validity of the decree
obtained against the defendant, whether or not by
consent, and his own liability to contribute or
indemnify to the extent claimed in the third party
notice (r.17)
 The third party who is in default of entering
appearance within the period fixed will however
have a chance to apply to the court showing good
cause and the court may grant leave giving such
terms as the court shall think fit (r.17)
 In the case of third party proceedings against the
government, the government shall not be
considered to be in default, and there will not be
any admittance of validity of decree obtained
against the defendant or its liability to contribute
or indemnify the defendant to the extent claimed
in the third party notice
 An application by chamber sermons served not
less than 7 days before the return day may be
made to court seeking an order to declare the
government to be in default for not entering
appearance
Judgment upon default
 If the third party makes default in entering
appearance or delivering any pleadings and the
defendant giving notice suffers judgment by
default , the defendant shall, after satisfaction of
the decree against himself (to be entered on
record) be entitled to judgment against the third
party to the extent claimed in the third party
notice (r.19)
 The court may upon application by defendant pass
such judgment against third party before the
defendant has satisfied the decree passed against
him (r.19)
 A defendant shall not be entitled to enter such
judgment against the government without the leave
of the court (r.20(1))
 The leave of the court may be sought by a chamber
summons application to be served not less than 7
days before the return day (r20(2)).
 Where the plaintiff has won the case due to the third
party’s default of entering appearance, the court may
either at or after trial enter judgment for the
defendant giving notice as against a third party
(r.21(1))
 However execution of such judgment can only be
after satisfaction of the decree against him, unless
leave of the court is sought (r.21(1).
 Where the suit is decided in favor of the plaintiff
otherwise than through trial, the court may by an
ex parte chamber summons application supported
by an affidavit order judgment for defendant who
has given notice against a third party at any time
after satisfaction of the decree obtained against
him by the plaintiff (r.21(2)).
Appearance of third party r.22
 If the third party enters appearance pursuant to the
third party notice:
(i) The defendant may apply through chamber
summons to the court to give directions
(ii) The court hearing such application may –
(a) if satisfied there is a question as to the liability of
the third party to the defendant order question of
liability to be tried at or after the trial of the main
suit
(b) if not satisfied may order judgment to be entered
for the defendant giving notice against third party