ADVOKS GLOBAL · KENYA
Civil Procedure Rules
21. Judgment after trial against third party in default [Order 1, rule 21]
Edition: 2022-12-31 · In force
21. Judgment after trial against third party in default [Order 1, rule 21]
(1)Where a third party makes default in entering an appearance in the suit, and the suit is tried and results in favour of the plaintiff, the court may either at or after the trial enter such judgment as the nature of the suit may require for the defendant giving notice against the third party:Provided that execution thereof shall not be issued without leave of the court, until after satisfaction by such defendant of the decree against him.(2)If the suit is finally decided in the plaintiff’s favour, otherwise than by trial, the court may, upon application ex parte supported by affidavit, order such judgment as the nature of the case may require to be entered for the defendant giving the notice against the third party at any time after satisfaction by the defendant of the decree obtained by the plaintiff against him.