Hima Cement v Adyero Gloria Barbra (Miscellaneous Application 85 of 2026)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
The High Court granted leave to the defendant to issue a third-party notice against Iconic EMG Limited under Order 1 Rule 14 of the Civil Procedure Rules. The court found sufficient grounds existed where the defendant demonstrated a plausible claim for indemnity arising from a contractual relationship with the proposed third party, specifically an indemnity clause in their agreement.
Outcome
Leave granted to issue third-party notice
Facts
The respondent instituted Civil Suit No. 135 of 2025 against the applicant for alleged copyright infringement. In its defence, the applicant indicated its intention to seek leave to issue a third-party notice against Iconic EMG Limited based on an indemnity agreement between them. The applicant brought this application under Order 1 Rule 14 of the Civil Procedure Rules seeking leave to join Iconic EMG as a third party. Clause 10 of the agreement between the applicant and Iconic EMG expressly provided for indemnification.
Issues
- Whether the applicant should be granted leave to issue a third-party notice against Iconic EMG Limited based on an indemnity agreement.
Orders
- Application granted.
- Leave issued for the defendant to issue a third-party notice against Iconic EMG Limited.
- Costs in the cause.
Rules and key headnotes
Legislation cited (1)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.