the civil procedure act - Kenya Law Reports

Rev. 2010] Civil Procedure CAP. 21 67of the Government concerned.17. If a person not a party to the suit who is served as mentioned in rulein the suit as against the defendant on whose behalf the notice has been given,or his own liability to the defendant, the third party must enter an appearancedoing he shall be deemed to admit the validity of the decree obtained againstsuch defendant, whether obtained by consent or otherwise, and his own liabilityto contribute or indemnify, as the case may be, to the extent claimed in thethird-party notice:Provided that a person so served and failing to enter an appearancean appearance, and for good cause such leave may be given upon such terms,18. In the case of third-party proceedings against the Government, rule17 shall not apply unless the court so orders; and any application for such anorder shall be made by chamber summons served not less than seven daysbefore the return day.[Subsidiary][Order 1, rule 17.]Default ofappearance by thirdparty.[Order 1, rule 18.]Default ofappearance byGovernment as thirdparty.19. Where a third party makes default in entering an appearance inthe suit, or in delivering any pleading, and the defendant giving the noticesuffers judgment by default, such defendant shall be entitled, after causingthe satisfaction of the decree against himself to be entered upon the record, tojudgment against the third party to the extent claimed in the third-party notice;the court may upon the application of the defendant pass such judgment againstProvided that it shall be lawful for the court to set aside or vary anyjudgment passed under this rule upon such terms as may seem just.20. (1) A defendant shall not in any event be entitled to enter judgmentagainst the Government under rule 19 without the leave of the court.(2) Any application for leave to enter judgment against the Governmentunder this rule shall be made by chamber summons served not less than sevendays before the return day.21. (1) Where a third party makes default in entering an appearance inthe suit, and the suit is tried and results in favour of the plaintiff, the court mayeither at or after the trial enter such judgment as the nature of the suit mayrequire for the defendant giving notice against the third party:[Order 1, rule 19.]Judgment againstthird party in default.[Order 1, rule 20.]No judgment againstGovernment withoutleave of the Court.[Order 1, rule 21]Judgment after trialagainst third party indefault.Provided that execution thereof shall not be issued without leave ofthe court, until after satisfaction by such defendant of the decree against him.