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The High Court held that directions on third-party liability under Order 1 Rule 18(1) CPC may still be given after hearing has begun, to avoid prejudice.
The High Court granted leave to issue a third-party notice against Morities Corporation Ltd in a land dispute, finding the claim connected to the same compensation transaction.
The absence of the ex parte application and order for third-party joinder in the record of appeal is a curable defect under Rule 96(7) of the Court of Appeal Rules, not a ground for nullification or retrial; appellant is granted leave to file a supplementary record including the missing documents within 45 days.
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The High Court granted leave for the defendant to issue third-party notices, holding that the indemnity and contribution claim arose from the same subject matter and cause of action.
Non-compliance with third-party procedure under Order I Rule 14 and Rule 18 of the Civil Procedure Code vitiated the trial court proceedings, requiring nullification and retrial.
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The High Court granted First Assurance Company Ltd leave to issue a third-party notice against Ntoka Company Limited in an ongoing commercial suit.
The 1st respondents discharged their burden of proof by oral evidence showing non-payment; appellant failed to discredit their case or prove payment to respondents; trial court's findings are upheld.
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