THE COUNCIL OF LEGAL EDUCATION

SIERRA LEONE LAW SCHOOL 2022/2023 ACADEMIC YEAR

STUDENT ID: 3451

MODULE: CIVIL PROCEDURE.

DUE DATE: MONDAY, 16TH JANUARY, 2023

ASSIGNMENT.

QUESTION: EXPLAIN THE IMPORTANCE OF ORDER 19

PROCEDURES IN CIVIL PROCEEDINGS IN THE HIGH COURT,
NOTING WHEN IT CAN BE USED WITH AND WITHOUT THE
LEAVE OF THE COURT.
 THE IMPORTANCE OF ORDER 19 PROCEDURES IN CIVIL PROCEEDINGS IN
THE HIGH COURT.

The undermentioned discusses the importance of Order 19. It is worthy to note that this Order
is important to all the parties as well the court. Justification for this is discussed below.

Order 19 is important to a defendant as it gives him a right to claim against a Third Party to
contribute to his liability or indemnify him in a whole. A situation may arise where the
defendant would include, shift or intends to share liability with someone else who may or
may not be a party to the proceedings to indemnify or join him in the action to answer some
or all of the questions asked.

An example of this is; Alhaji Abdulai owns one aches piece of land in Waterloo as the true
owner, his cousin Alhassan without the knowledge of Alhaji Abdulai sells same to Maligie.
Alhaji Abdulai after notifying that Maligie has commenced construction in his land, he then
brings an action against Maligie for trespass to land and declaration of title. Alhaji Abdulai is
now the plaintiff and Maligie is the Defendant, Order 19 gives Mr Maligie the power to join
Alhassan, a third party, the counsin who sold the land to him in order to indemnify him. This
Order gives the Defendant, Maligie to include a Third Party, Alhassan to the proceedings
because it is the same transaction and subject matter. Order 19 allows the court to deal with
all the parties to the transaction together.

Maligie will then assert that there is an implied covenant of good root of title on the part of
Alhassan to convey to the purchaser, Maligie. In this regard Maligie can join the vendor who
sold the land to him under Order 19 Rule 1 (1)(b) because he has a claim against Alhassan
and whatever claim brought by Alhaji Abdulai regarding the same subject matter should be
answered by Alhassan. Interestingly, Maligie could further sue Alhassan for recovery of the
money paid and damages incurred by him in starting construction.

In a similar vein, once a Third Party Notice has been issued then the title of the matter
changes from Plaintiff and Defendant to Plaintiff against the Defendant and the latter against
the Third Party. During the trial, each party will lead evidence to establish their own aspect of
the case and the extent of liabilities.

This Order is important in that, it gives not only the defendant right to indemnify or limit his
liability but also to a plaintiff where a counterclaim has been made by the Defendant as the
latter will be treated as if he were the plaintiff and the plaintiff is treated as if he were the
defendant as provided for by Rule 10.

Moreover, the Order is important in that it gives a Third Party a shield where a defendant to
the proceeding fail to enter appearance and a judgment is entered against the Defendant for
default of appearance.

In the nutshell, the rationale behind this Order is for the court to bring together all the parties
to a transaction and determine the rate of liability which plays a pivotal role in saving the
court’s time. This also applies in liability for insurance companies.
The following will discuss the instances under which a Defendant may apply Order 19
with and without the leave of the court:

First, where the action is begun by writ and the Defendant has not filed his statement of
defence then he may issue a Third Party Notice without the leave of the court after having
entered appearance pursuant to Rule 1(2).

Whereas, where the matter is not commenced by Writ of Summons but by other Originating
Process (es) or where a Defendant has already filed and served a Statement of Defence then
the Defendant may then apply to the Court for leave to issue Third party Notice by an ex
parte application supported by an affidavit and the Court may direct that notice be sent to all
the parties in accordance to Rule 2 (1&2)

Further, where a judgment in default is entered by the plaintiff against the defendant, he may
at any time after satisfying the judgment enter judgment against the Third Party who does not
enter appearance without leave of the court as provided for by Rule 4 (b).

Contrastingly, where a judgment in default is entered by the plaintiff against the defendant,
he may at any time before satisfying the judgment enter judgment against the Third Party
who does not enter appearance with leave of the court as provided for by Rule 4 (b).

Moreover, where judgment is given on the merit, the Defendant may without the leave of the
court ask the Third Party for contribution or indemnity provided that he has first discharge his
liability or satisfied the full or extent of the judgment of the plaintiff as in Rule 6 (2).

On the other side of the coin, where judgment is given on the merit and the Defendant has
failed to discharge his liability then he may with the leave of the court execute the judgment
against the Third Party for contribution or indemnity of his liability to satisfy the full or
extent of the judgment of the plaintiff

Additionally, where a Defendant claims against a person who is already a party to the
proceeding, he may issue Third Party Notice containing a statement of the nature and grounds
of his claim without the leave of the Court as provided for by Rule 7 (1).

In contrast, logically where a Defendant intends to include a Third party who is not already a
party to the proceedings, he may do so with the leave of the court.

Conclusively, a Third Party may issue a notice without the leave of the court where the action
is begun by writ and he issues the notice before the expiration of 14 days after the time
limited for appearance to the notice against him as in Rule 8 (3).

However, a Third Party may issue a notice with the leave of the court where the action is not
begun by writ but other Originating Process and he issues the notice after the expiration of
the stipulated time in the Originating Process to enter appearance to the notice against him.