How leave obtained
(2) The court or a Judge in Chambers may give leave to issue and serve a third party notice on ex
parte application supported by affidavit, or, where the Court or judge in Chambers directs a
summons to the plaintiff to be issued, upon the hearing of the summons.
Form and issuance of notice
18. (1) the notice shall(a) State the nature and grounds of the claim or the nature of the question or issue sought to be
determined and the nature and extent, of any relief or remedy claimed;
Civil Forms 12 and 13.
(b) be in accordance with Form 12 or Form 13 in Appendix 6 to these Rules with such variations as
circumstances may require; and
(c)
Be sealed and served on the third party in the same manner as a writ of summons is sealed and
served.
(2)
The notice shall, unless otherwise ordered by the Court or by a Judge in Chambers, be
served within the time limited for delivering the defence, or, where the notice is served by a
defendant to a counter-claim, the reply and with it also shall be served a copy of the writ of
summons or originating summons and of any pleadings filed in the action.
Effect of notice
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.
Appearance
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 Court, the
period for entering appearance shall be at least third days) but a third party failing to appear
within that 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.
Default by third party
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 for remedy is claimed against him in
the notice, he shall be deemed to admit his liability in respect of the contribution or indemnity or
other relief for remedy.
Procedure after default