The Employment and Labour Relations Court (Procedure) Rules

Rule 30 of The Employment and Labour Relations Court (Procedure) Rules: Notice to third and subsequent parties

(1) Where a respondent claims as against any other person not already a party to the suit (hereinafter
called the “third party”)—
(a) that the respondent is entitled to contribution or indemnity; or
(b) that the respondent is entitled to any relief or remedy relating to or connected with the
original subject-matter of the suit and substantially the same as some relief or remedy
claimed by the claimant; or
(c) that any question or issue relating to or connected with the said subject-matter is
substantially the same question or issue arising between the claimant and the respondent
and should properly be determined not only as between the claimant and the respondent
but as between the claimant and respondent and the third party or between any or either of
them,
the respondent shall apply to the Court within fourteen days after the close of pleadings for leave of
the Court to issue a notice (hereinafter called a “third-party notice”) to that effect, and such leave
shall be applied for by summons in chambers ex parte supported by affidavit.
(2) A copy of such notice shall be filed and served on the third party according to the rules relating to
the service of summons.
(3) The notice shall state the nature and grounds of the claim and shall, unless otherwise ordered by
the court, be filed and served with in fourteen days of leave.
(4) Where a third party makes as against any person not already a party to the action such a claim as is
mentioned in subrule (1), the provisions of this rule regulating the rights and procedure as between
the respondent and the third party shall apply with the necessary modifications as between the
third party and such person, and the Court may give leave to such third party to issue a third party
notice, and the preceding rules of this rule shall apply with the necessary modifications, and the
expressions “third party notice” and “ third party” shall respectively apply to and include every
notice so issued and every person served with such notice.
(5) Where a person served with a notice by a third party under subrule (4) makes such a claim as is
mentioned in subrule (1) against another person not already a party to the action, such other
person and any subsequent person made a party to the action shall comply with the necessary
modifications with the provisions of this rule.

Check the current authoritative text and amendment history before relying on this provision.

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Rule 31 — Undefended suits and formal proof

(1) Where a respondent has failed to enter appearance or file a defence, the claimant may apply to the Court for directions that the matter proceeds to formal proof as an undefended suit. (2) Where a…

Rule 32 — Pleadings generally

(1) Each pleading shall contain page numbers and shall be divided into paragraphs numbered consecutively with each allegation being so far as appropriate contained in a separate paragraph. (2) Any dat…

Rule 33 — Objections to pleadings

A party may, by notice, object to a pleading and in that notice, state the grounds of objection except that no objection may be raised to any pleading on the ground of any want of form.

Rule 34 — Amendment of pleadings

A party may amend pleadings before service or before the close of pleadings: Provided that after the close of pleadings, the party may only amend pleadings with the leave of the Court on oral or forma…

Rule 35 — Witness statements

(1) A party, shall notify the Court when submitting a statement, of claim, or a response to a statement of claim of any witnesses it proposes to call in support of its submissions, file witness statem…

Rule 36 — Expert witnesses

A party who intends to call, an expert witness shall notice to that effect, together with a summary of the evidence, report opinion, of the expert-witness, as part of the witness statement or list and…