19. The third party shall, as from the time of the service upon him of the notice, be a party to the action with the
same rights in respect of his defence against any claim made against him and otherwise as if he had been duly
sued in the ordinary way by the defendant.
20. The third party may enter an appearance in the action within eight days from service or within such further
time as may be directed by the Court or Judge in chambers as specified in the notice (where the third party is
served in Nigeria outside the jurisdiction of the High Court of the Federal Capital Territory, Abuja the period for
entering
appearance
shall
be
at
least
thirty
days):
Provided that a third party failing to appear within such time may apply to the Court or Judge in chambers for
leave to appear, and the leave may be given upon such terms, if any, as the Court or Judge in chambers thinks fit.
21. If a third party duly served with a third party notice does not enter an appearance or makes default in filing
any pleading which he has been ordered to file, he shall be deemed to admit any claim stated in the third-party
notice and shall be bound by any judgment given in the action, whether by consent or otherwise, and by any
decision therein or any question specified in the action, and when contribution or indemnity or other relief or
remedy is claimed against him in the notice, he shall be deemed to admit his liability in respect of that
contribution or indemnity or other relief or remedy.
22. Where a third part makes default in entering an appearance or filing any pleading which he had been ordered
to file and the defendant giving the notice suffers judgment by default, the defendant shall be entitled at any
time, after satisfaction of the judgment against himself, or before the satisfaction by leave of the Court or a Judge
in chambers, to enter judgment against the third party to the extent of any contribution or indemnity claimed in
the third party notice, or by leave of the Court or a Judge in chambers, to enter such judgment in respect of an
other relief or remedy claimed as the Court or a Judge in chambers shall direct:
Provided that it shall be lawful for the Court or a Judge in chambers to set aside or vary the judgment against the
third party upon such terms as may seem just.
23. (1) If the third party enters an appearance, the defendant giving notice may, after notice of the intended
application has been served upon the plaintiff, the third party and on any other defendant, apply to the Court or a
Judge in chambers for directions, and the Court or Judge in chambers may(a) where the liability of the third party to the defendant giving the notice is established on the hearing of the
application, order such judgment as the nature of the case may require to be entered against the third party in
favour of the defendant giving the notice; or
(b) if satisfied that there is a question or issue properly to be tried as between the plaintiff and the defendant and
the third party or between any or either of them as to the liability of the defendant to the plaintiff or as to the
liability of the third party to make any contribution or indemnity claimed, in whole or in part, or as to any other
relief or remedy claimed in the notice b the defendant or that a question or issue stated in the notice should be
determined not only as between the plaintiff and the defendant but as between the plaintiff, the defendant and the
third party or any or either of them, order that question or issue to be tried in such manner as the Court or a Judge
in chambers may direct; or
(c) dismiss the application.
(2) Any directions given pursuant to this rule may be given either before or after any judgment has been entered
in favour of the plaintiff against the defendant in the action, and may be varied from time to time and may be
rescinded.
(3) The third party proceedings may at any time be set aside by the Court or a Judge in chambers.
24. The Court or a Judge in chambers upon the hearing of the application for directions may, if it appears
desirable to do so, give the third party liberty to defend the action either alone or jointly with the original
defendant upon such terms as may be just; or to appear at the trial and take such part therein as may be just, and
generally may order such proceedings to be taken, pleadings or documents to be filed, or amendments to be
made, and give such directions as to the Court or Judge in chambers appears proper for having the question and
the rights and the liabilities of the parties most conveniently determined and en- forced, and as to the mode and
extent in or to which the third party shall be bound or made liable by the decision or judgment in the action.