Wakilii

Commissioner for Transport v Boero aand Co. (E.A.) Ltd (Civil Suit No. 1509 of 1953)

East African Court of Appeal · [1954] EACA 9 · 1954 Application Partly Allowed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application by defendant for third party directions under Order I, rule 18, seeking to join third party as co-defendant
Decision
Application for third party directions granted in part; third party not joined as co-defendant but question of indemnity to be tried at trial

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Order I, rule 18 provides procedure for determining the liability of a third party to make contribution or indemnity to a defendant, but does not enable a defendant to apply for the third party to be joined as a co-defendant. The third party procedure in Order I, rules 14 to 18 must be followed in accordance with section 1(2) of the Civil Procedure Ordinance without recourse to the wider provisions of Order XVI A of the English Rules of the Supreme Court.

Outcome

Application for third party directions granted in part; third party not joined as co-defendant but question of indemnity to be tried at trial

Facts

The defendant obtained leave to issue a third-party notice under Order I, rule 14. The third party entered appearance. The defendant then applied by summons in chambers under Order I, rule 18 for directions and prayed that the third party be joined as a co-defendant in the suit. The plaintiff objected to the joinder of the third party as co-defendant but had no objection to other aspects of the application. A telegram was alleged between the plaintiff and the third party which was not denied. The third party did not appear at the hearing.

Issues

  1. Whether Order I, rule 18 enables a defendant to apply for a third party to be joined as a co-defendant in the suit.
  2. Whether recourse may be had to Order XVI A of the Rules of the Supreme Court, England, in interpreting the third party procedure under Order I.

Orders

  • Application to join third party as co-defendant dismissed.
  • Defendant to deliver statement of claim to third party within seven days by registered post.
  • Third party to plead within 21 days.
  • Third party at liberty to appear at trial and take such part as the Judge directs.
  • Question of liability of third party to indemnify defendant to be tried at the trial.
  • Costs of application reserved for decision at trial.

Rules and key headnotes

Civil Procedure — Third Party Procedure — Joinder as Co-Defendant
Order I, rule 18 provides procedure for the trial of a question as between the third party and a defendant of the liability of the third party to make contribution or indemnity to the defendant and does not enable a defendant to apply for the third party to be joined as a co-defendant in the suit.
Civil Procedure — Third Party Procedure — Interpretation of Local Rules
The third party procedure laid down by Order I, rules 14 to 18 is to be followed in accordance with section 1(2) of the Civil Procedure Ordinance and recourse cannot be had to the wider provisions of Order XVI A of the Rules of the Supreme Court, England.
Civil Procedure — Third Party Procedure — Scope of Rules 14 to 18
Order I, rules 14 to 18 specifically refer to and limit the procedure to claims for contribution or indemnity, and rule 18 confines the procedure to ordering the question of the liability of the third party to make the contribution or indemnity claimed to be tried as between the third party and the defendant.

Legislation cited (7)

  • Civil Procedure Ordinance s.1(2)
  • Order I, rule 14
  • Order I, rule 15
  • Order I, rule 16
  • Order I, rule 17
  • Order I, rule 18
  • Judicature Act, 1925

Cases cited (2)

  • Coles v Civil Service Supply Association (1888) 28 Ch D 529
  • Eden v Weardale (1887) 34 Ch D 223

Full judgment

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The original judgment as reported. Read the original PDF before relying on any passage.

Commissioner for Transport v Boero aand Co. (E.A.) Ltd (Civil Suit No. 1509 of 1953) [1954] EACA 9 (1 January 1954)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.