CIVIL PROCEDURE PART A - ASSIGNMENT 3

LECTURER IN CHARGE: J. TAYLOR

ID NO: 4297

QUESTION: THIRD PARTY PROCEDURES ARE DESIGNED TO INDEMNIFY THE DEFENDANT AGAINST THE
CLAIMS OF THE PLAINTIFF. WITH REFERENCE TO THE RULES, DISCUSS THE PROCEDURES AVAILABLE TO
ALL PARTIES CONCERNED.

ANSWER

Third-party procedures are a crucial aspect of civil litigation that allow defendants to shift or share
liability for a plaintiff’s claim with a third party. These procedures streamline judicial processes by
consolidating related disputes into a single proceeding, thereby reducing the need for multiple lawsuits.
This ensures efficient justice delivery while protecting the rights of all parties involved. The High Court
Rules 2007, specifically Order 19, outline the steps, rights, and obligations of the plaintiff, defendant,
and third party in cases involving third-party proceedings. Below is an in-depth analysis of these rules
and how they govern the conduct of all parties in such cases.

RIGHTS AND RESPONSIBILITIES OF THE PLAINTIFF

The plaintiff is the party initiating the action against the defendant, seeking redress for an alleged wrong
or breach of duty. Although the third-party proceedings primarily involve the defendant and the third
party, the plaintiff’s rights and responsibilities remain integral to the litigation.

1. Notice of Third-Party Proceedings

The plaintiff may be notified of third-party proceedings if the court deems it necessary. Under Order 19
Rule 2(1), while the application for leave to issue a third-party notice is typically made ex parte, the
court may direct that notice be served on the plaintiff or other interested parties. This ensures
transparency and allows the plaintiff to be aware of any developments that may affect their claim.

2. Independence of the Plaintiff’s Claim

Third-party proceedings do not undermine the plaintiff’s primary claim against the defendant. As
stipulated under Order 19 Rule 5, even if third-party proceedings are set aside, the original action
initiated by the plaintiff remains unaffected. This guarantees that the plaintiff’s rights are not prejudiced
by procedural errors or disputes between the defendant and the third party.

3. Participation in Trial

While the plaintiff is not a direct party to third-party proceedings, they may be affected by the outcome,
especially if the third party assumes liability. The court may involve the plaintiff in proceedings to
address overlapping issues of fact or law, ensuring that all related matters are resolved
comprehensively.

ROLE AND PROCEDURES FOR THE DEFENDANT

The defendant is the linchpin of third-party proceedings, as they initiate the process to indemnify
themselves against the plaintiff’s claim. Order 19 comprehensively outlines the defendant’s rights and
responsibilities.

1. Issuance of Third-Party Notice

Under Order 19 Rule 1, the defendant may issue a third-party notice if they allege that the third party is
liable, wholly or partly, for the claim made by the plaintiff. This may include:

a. Indemnity or contribution (Rule 1(a)), where the third party is jointly or severally liable.

b. Direct liability to the plaintiff (Rule 1(b)), even if the defendant remains liable.

c. Situations warranting a single trial for all related issues (Rule 1(c)).

2. Application for Leave

Before issuing a third-party notice, the defendant must seek the court’s leave, as stipulated in Order 19
Rule 2(1). However, where the notice is directed against a co-defendant, leave is not required unless the
defendant has already filed and served a defense (Rule 2(4)).

3. Compliance with Court Directions

The defendant must seek the court’s directions under Order 19 Rule 3 to issue the notice. The court
evaluates whether the third party is properly involved and grants leave accordingly. Non-compliance
with this requirement may result in the third-party proceedings being set aside pursuant Rule 5.

4. Content of the Third-Party Notice

The notice must specify the nature of the claim, the facts on which it is based, and the relief sought from
the third party (Order 19 Rule 4). This ensures that the third party is adequately informed and can
prepare their defense.

5. Judgment in Favor of the Defendant

Under Order 19 Rule 6, the court may grant judgment in favor of the defendant against the third party.
This judgment may arise at trial, post-trial, or through mutual agreement, and it may indemnify or
partially absolve the defendant of liability.
 RIGHTS AND OBLIGATIONS OF THE THIRD PARTY

The third party, once joined to the proceedings, assumes the role of a defendant in the ancillary claim
brought by the original defendant. Their rights and responsibilities are governed by Order 19.

1. Obligation to Enter Appearance

Upon being served with the third-party notice, the third party must enter an appearance, akin to a writ
of summons (Order 19 Rule 4). This procedural requirement ensures their participation in the litigation
and allows them to present their defense.

2. Challenge to Third-Party Proceedings

The third party may seek to set aside the third-party notice on specific grounds under Order 19 Rule 5.
These include improper initiation of the proceedings or failure by the defendant to obtain court
directions. Importantly, setting aside the third-party proceedings does not affect the plaintiff’s claim or
the original action.

3. Judgment in Favor of the Third Party

Similar to the defendant, the third party may receive a favorable judgment if the court determines that
the claim against them lacks merit (Order 19 Rule 6). This protects the third party from unwarranted
liability and ensures that justice is served.

4. Recourse to Further Proceedings

If the third party has grounds to bring another party into the proceedings, they may initiate further
third-party proceedings under Order 19 Rule 8. This cascading mechanism ensures that all potentially
liable parties are joined, and all related claims are resolved efficiently.

PROCEDURAL FRAMEWORK FOR THIRD-PARTY PROCEEDINGS

It is noteworthy to highlight that the procedural framework for third-party proceedings involves several
steps that balance the rights of all parties concerned:

1. Initial Claim: The plaintiff initiates the action against the defendant in the High Court.
2. Application for Leave: The defendant applies ex parte for leave to issue a third-party notice (Order 19
Rule 2).

3. Issuance of Third-Party Notice: Upon receiving leave, the defendant serves the third-party notice,
outlining the nature of the claim and relief sought (Order 19 Rule 4).

4. Court Directions: The defendant seeks directions from the court to determine the appropriateness of
joining the third party (Order 19 Rule 3).

5. Response by Third Party: The third party enters an appearance and may file a defense or seek to set
aside the notice (Order 19 Rules 4 and 5).

6. Trial and Judgment: The court hears the case, addressing the plaintiff’s claim, the defendant’s liability,
and the third party’s role. Judgments may be entered in favor of any party based on the evidence and
legal arguments presented (Order 19 Rule 6).

7. Continuation of Proceedings: Even if the plaintiff’s claim against the defendant is settled or
discontinued, the third-party proceedings may continue independently, as they are treated as separate
from the original action (Order 19 Rule 5).

In Conclusion, third-party procedures serve a dual purpose of indemnifying defendants and ensuring
judicial efficiency by consolidating related claims. The High Court Rules 2007, under Order 19, provide a
robust framework that balances the rights and responsibilities of the plaintiff, defendant, and third
party. These procedures enable comprehensive resolution of disputes, minimize litigation costs, and
uphold the principles of fairness and justice. By adhering to the rules and procedural requirements, all
parties can effectively navigate the complexities of third-party proceedings.