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Monday, 7 October 2019

SAMPLE OF A THIRD PARTY NOTICE



THIRD PARTY NOTICE  TAKE NOTICE that the suit herein has been instituted by the Plaintiff against the Defendant particulars of the claim being as set out in the Plaint, a copy of which is served herewith together with a copy of the Defendant's Statement of Claim. The Defendant claims against you, payment of TSh……………………… being outstanding council levies claimed against the Defendant by the Plaintiff for hard rock and gravel excavate in,..

IN THE HIGH COURT OF TANZANIA

(LAND DIVISION)
AT DAR ES SALAAM

LAND CASE NO… OF 20……….

 

Between

XXX………………………………………………………………………………………………………………………… PLAINTIFF

-and-

YYY ………………………………………………………………………………………………………………………DEFENDANT


ZZZ….……………………………………………………………………………………………………………………THIRD PARTY
                                                                     

                                                                     THIRD PARTY NOTICE
(Issued pursuant to Order 1 Rule 14(1) and (2) of the Civil Procedure Code, 1966 and the Order of the Court (Honourable Madam Judge………….) dated…………………………)


TO:         ZZZ
                P. O. BOX………..
                ……………………



TAKE NOTICE that the suit herein has been instituted by the Plaintiff against the Defendant particulars of the claim being as set out in the Plaint, a copy of which is served herewith together with a copy of the Defendant's Statement of Claim. The Defendant claims against you, payment of TSh……………………… being outstanding council levies claimed against the Defendant by the Plaintiff for hard rock and gravel excavated in ………………………... 

By its Defence, a copy of which is hereby served to you, the Defendant disputes the Plaintiff's claim on the grounds therein appearing.

AND TAKE FURTHER NOTICE that if you wish to dispute the Plaintiff's claim against the Defendant or your own liability to the Defendant, you must present to the Court a written statement of your defense within 21 days from the service of this notice upon you, inclusive of the day of service. If you fail to do so, you will be deemed to admit the Plaintiff's claim against the Defendant and the Defendant's claim against you and will be bound by any judgment or decision given in the suit, and the judgment may be enforced against you in accordance with Order XXI of the Civil Procedure Code, 1966.
  
Dated at Dar es Salaam this __________ day of……………………….

                                                                                                                                  ______________________
Advocate for the Defendant 

Presented for filing this ___________ day of …………..


_______________
Registry Officer

COPY TO BE SERVED UPON:

1.            ZZZ 
P. O. Box….
…………………….

2.            YYY
P. O. Box…….
…………………….


DRAWN AND FILED BY:



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