the civil procedure act - Kenya Law Reports

68[Subsidiary][Order 1, rule 22.]Appearance of thirdparty and directions.[Order 1, rule 23.]Costs.[Order 1, rule 24.]Defendant claimingagainst a codefendant.CAP. 21 Civil Procedure [Rev. 2010trial, the court may, upon application ex partejudgment as the nature of the case may require to be entered for the defendantgiving the notice against the third party at any time after satisfaction by thedefendant of the decree obtained by the plaintiff against him.22. If a third party enters an appearance pursuant to the third- partynotice, the defendant giving the notice may apply to the court by summonsin chambers for directions, and the court upon the hearing of such applicationthe third party, order the question of such liability as between the third partyand the defendant giving the notice, to be tried in such manner, at or after thejudgment as the nature of the case may require to be entered in favour of thedefendant giving the notice against the third party.23. The court may decide all questions of costs between a third partyand the other parties to the suit, and may make such orders as to costs as thejustice of the case may require.24. (1) Where a defendant desires to claim against another person whois already a party to the suit—(a) that he is entitled to contribution or indemnity; or(b) that he is entitled to any relief or remedy relating to or connectedwith the original subject-matter of the action which is substantiallythe same as some relief or remedy claimed by the plaintiff; or(c) that any question or issue relating to or connected with the saidsubject-matter is substantially the same as some question or issuearising between the plaintiff and the defendant and should properlybe determined not only as between the plaintiff and the defendantbut as between the plaintiff and the defendant and such other personor between any or either of them,the defendant may without leave issue and serve on such other person a noticemaking such claim or specifying such question or issue.(2) No appearance to such notice shall be necessary but there shallbe adopted for the determination of such claim, question or issue the sameprocedure as if such other person were a third party under this Order.[Order 1, rule 25.]Procedure.(3) Nothing contained in this rule shall operate or be construed so as toprejudice the rights of the plaintiff against any defendant to the action.25. Applications under rules 10 and 19 may be made orally in Court orby summons in chamber.