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FEDERAL CAPITAL TERRITORY DISTRICT COURTS CIVIL PROCEDURE RULES 2021


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ARRANGEMENT OF ORDERS


Order I (1) -Title and Interpretation

1. Short Title

2. Interpretation


Order II (2) - Form and Commencement of Action

1. Filing to be made at the Central Registry

2. Proceedings to be commenced by plaint or originating application

3. Proceedings commenced by plaint

4. Proceedings commenced by originating application

5. Proceedings with respect to matters pending or decided

6. Plaint where oral hearing contemplated

7. Hearing of matters commenced by way of application or motion

8. When plaint discloses no cause of action or is defective

9. All causes of action may be joined

10. Division of causes of action

11. Abandonment of part of claim to give Court jurisdiction

12. Claim in Foreign currency

13. Counterclaim or set-off etc


Order III (3) - Writ of Summons and Procedure

1. Issue of summons to Defendant in Form 8

2. Court to fix time for appearance and mode of registering appearance

3. Service not effected within one year, power to extend

4. Address for service within jurisdiction

5. Effect of misnomer in plaint or summons


Order IV (4) - Service of Process

1. Who may effect service

2. Special bailiff

3. Normal mode of service

4. Substituted service

5. Service on Government officers

6. Service out of jurisdiction

7. Mode of service out of the jurisdiction

8. Varying order for service


Order V (5) - Default Summonses

1. (1) Conditions for default summons

(5) Payment forthwith or by installment may be ordered

2. Where Defendant gives notice to defend, notice of day of hearing to be served on both parties

3. Leave to defend may be given after failure to give notice

4. Where leave to issue default summons is refused or legal defence is disclosed

5. Part admission of claim


Order VI (6) - Proof of Process

1. Proof of service

2. Penalties for willful endorsement of service

3. Service of notices

4. Prohibition of Court staff serving notices not Court processes


Order VII (7) - Parties

1. Joinder of Claimants

2. Joint claims

3. Joinder of Defendants

4. Procedure when person jointly liable

5. Partners

6. Representative Claimants and Defendants

7. Executors and Administrators

8. Misjoinder and Non-joinder

9. Third party proceedings

 

Order VIII (8) - Infants and Persons of Unsound Mind

1. Definitions

2. Suits by person under disability

3. Proceedings by infant or on behalf of lunatic

4. Transfer

5. Proceedings by infant without next friend

6. Powers of Court when proceedings commenced without next friend

7. Appointment of guardian ad litem

8. Claimant may apply for appointment of guardian ad litem

9. Who may be appointed

10. When guardian ad litem need not be appointed

11. Proceedings to continue

12. Transfer of proceedings without guardian ad litem

13. Death, etc., of guardian ad litem

14. Appointment of guardian ad litem to be entered in books of Court

15. Guardian ad litem not liable for costs

16. When Court may order new trial

17. Action in which money or damages claimed

18. General powers of guardian ad litem

19. High Court practice to apply


Order IX (9) - Alteration of Parties

1. When proceedings not to abate

2. Change of a party’s title or interest

3. Where persons entitle to proceed on death of party fails to do so

4. Alteration of records on change of parties

5. Claim to money in Court where change in parties after judgment


Order X (10) - Transfer

1. Application for transfer


Order XI (11) - Consolidation and Selected Actions

1. Consolidation of actions

2. Selected action against several Claimants

3. Where judgment in selected action is given in favour of Defendant

4. Where judgment in selected action is given against the Defendant


Order XII (12) - Sittings of Court and Audience

1. Public or private sittings of the Court

2. Adjournment of Court

3. Right of audience


Order XIII (13) - Enlargement and Abridgment of Times

1. Enlargement and abridgment of times

2. District Court may grant time


Order XIV (14) - Amendment

1. Power of amendment


Order XV (15) – Interlocutory Applications

1. Interlocutory applications

2. Oral applications

3. Power to impose terms

4. Notice of application

5. Discharge and variation of ex parte order

6. Objections to the suit or particular process


Order XVI (16) - Injunctions, etc .

1. Application for interim injunction

2. Appointment of receiver of property in dispute

3. Entry into property in dispute

4. Injunctions, etc, may be granted on terms

5. Notice of injunction

6. Ex parte Injunctions and orders

7. Discharge and variation of Interlocutory injunctions and orders made ex parte


Order XVII (17) - Admission and Entering of Judgment

1. Admission of debts or parts of debts and judgment thereon

2. Agreement as to amount of debt and conditions of payment


Order XVIII (18) - Security for Costs

1. Security for costs

2. How security is to be given and enforced


Order XIX (19) - Payment into Court

1. Payment into Court

(2) Notice to Claimant

2. Admission of liability

3. Acceptance of sum paid in

(2) Non-acceptance of sum paid in

4. Counterclaim


Order XX (20) – Interim Attachment of Property

1. Cases interim attachment of property may be applied for

2. Application for attachment

3. Form of order of attachment

4. Where Defendant fails to show cause or give security

5. Rights of third parties not to be affected

6. Removal of attachment

7. In what Courts attachment proceedings may be taken


Order XXI (21) - Witnesses

1. Manner in which evidence to be taken

2. Service of summons to witnesses Form

3. Witnesses in general to be out of hearing


Order XXII (22) – Affidavits, Documentary and Other Evidence

1. Contents of affidavits and cross-examination of deponent

2. Evidence of witness about to leave district

3. Use of documents and other items referred to in the praecipe of evidence

4. Withdrawal of evidence

5. Marking of documents and items of evidence

6. Evidence tendered for identification purposes


Order XXIII (23) - Procedure When Both Parties Appear

1. Procedure when both parties appear

2. Written pleadings may be ordered

3. Illiterate parties

4. Where pleading, etc., ordered, rules to be observed

5. The pleading to state all material facts relied on

6. How fact are to be stated

7. The relief claimed to be stated

8. Grounds of claims founded on separate facts to be separately stated

9. Defendant’s pleading to meet allegations in Statement of Claim

10. Allegations shall not be met generally but specifically

11. Denial of fact must answer point of substance

12. Admissions; their effect

13. Allegation of new facts in defence

14. Set-off or counterclaim to be pleaded

15. Evidence in denial of allegation or in support of defence not set up in pleading

16. Further pleadings

17. Filing and service of pleadings

18. Striking out pleadings

19. No evidence to be given of any claim which is not in summons

20. Consequence of failure to file pleadings after order of Court


Order XXIV (24) - Procedure When Only One Party Appears

1. Procedure when Claimant fails to appear or to prove his case

2. Counterclaim where Claimant does not appear

3. Cost to Defendant where Claimant does not appear

4. Procedure when Defendant fails to appear


Order XXV (25) – Judgments

1. Giving and entering judgment

2. Notice of judgment

3. Procedure for non-suiting

4. Enforcement of judgments and penalties


Order XXVI (26) – Costs

1. Apportionment and payment of costs

2. Stay of proceedings

3. Application in relation to legal practitioners’ fees

4. Agreements between legal practitioners and illiterate persons

5. Duty of legal practitioners in relation to costs

6. Suits by legal practitioners to recover fees

7. Legal practitioners to be officers of the Court


Order XXVII (27) – Appeals To The High Court

1. Applications for leave to appeal

2. Notice of Appeal

3. Appellant to supply copies of record to Respondents and Appeal Court

4. Enlargement of time

5. Time and place of hearing

6. Fees

7. Stay of execution

8. Where Appellant fails to appear

9. Where Appellant appears

10. Appeal limited to grounds given in notice

11. Abandonment of Appeal before entered at Appeal Court

12. Order of Appeal Court to be certified to District Court Judge’s Court

13. Enforcement of Orders

14. Security for cost of Appeal


Order XXVIII (28) - Case Stated

1. Form of case stated

2. Statement of case to be sent to Chief Registrar of the High Court


Order XXIX (29) - Recording Of Proceedings And Use Of Forms

1. Cause Book

2. Notes of evidence and minutes of proceedings

3. Custody of records

4. Use of Forms


Order XXX (30) - Fees Of Court And Allowances To Witnesses

1. Fees of Court

2. District Court Judge may suspend payment of fees

3. Allowances to witnesses


Order XXXI (31) - Custody Of Money In Court

1. Account to be maintained by Chief Registrar

2. Remittance of money to beneficiaries

3. Registrar to take charge of fees and other payments

4. Registrar to account to the Chief Registrar

5. Audit of Registrar’s account

6. Registrar to enter all moneys in cash book

7. Registrar to comply with financial instructions


Order XXXII (32) - Miscellaneous Provisions

1. Duplicates of documents to be filed

2. Discontinuance by Claimant

3. Swearing of interpreters

4. Interest on judgment

5. Where no Rules exist

6. Effect of non-compliance with theseRules

7. Legal representation

8. Inspection


Order XXXIII (33) - Transactional Provisions



FIRST SCHEDULE (Division into Districts)


SECOND SCHEDULE (Forms)

CIVIL FORM 1

(Central Cause Book of District Court of the Federal Capital Territory)

CIVIL FORM 2

(Cause Book of District Court of the Federal Capital Territory)

CIVIL FORM 3

(Plaint for ordinary debt and other claims arising from contracts, tort or other civil causes)

CIVIL FORM 4

(Plaint for claims intended for the issue of default summons)

CIVIL FORM 5

(Plaint for claims concerning recovery of possession of premises or for claims for rent arrears or any other claim with reference to the possession of an immovable property)

CIVIL FORM 6

(Originating Application)

CIVIL FORM 7

(Plaint with endorsement of waiver of praecipe of evidence)

CIVIL FORM 8

(Ordinary Civil Summons)

CIVIL FORM 9

(Default summons)

CIVIL FORM 10

(Memorandum of Appearance)

CIVIL FORM 10A

(Memorandum of Appearance endorsed with a waiver of praecipe of evidence)

CIVIL FORM 11

(Certificate of Service)

CIVIL FORM 12

(Affidavit of Service)

CIVIL FORM 13

(Certificate of Attempted Service)

CIVIL FORM 14

(Notice of intention to defend default summons)

CIVIL FORM 15

(Notice of hearing)

CIVIL FORM 16

(Undertaking by Next friend)

CIVIL FORM 17

(Notice of appointment of Guardian)

CIVIL FORM 18

(Summons to Witnesses)


THIRD SCHEDULE (Fees)


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