Order 4 FCT (Civil Procedure) Rules 2025
Order 4 of the Federal Capital Territory (FCT) High Court (Civil Procedure) Rules 2025 is about Place of Institution and Trial of Suits. It contains the following rules:
Subject to the provisions of the High Court of the Federal Capital
Territory Act on transfer of suits, the place for trial shall be
regulated as follows:
- All suit relating to land or any mortgage or charge on land
or any interest in land, or any inquiry or damage to land
and actions relating to personal property distrained or seized for any cause, may be commenced and determined n the judicial division in which the land is situated, or the distraint or seizure took place. - All actions for recovery of penalties, forfeitures, and all
actions against public officers may be commenced and
tried in the judicial division in which the cause of action
arose. - All suits for specific performance, or upon the breach of
any contract, may be commenced and determined in the
judicial division in which such contract was formed, ought
to have been performed or in which the defendant resides
or carries on business. - (1) All other suits may be commenced and determined in
the judicial division in which the defendant resides or
carries on business.
(2) Where there are several defendants who reside or carry
on business in different judicial divisions, the suit may be
commenced in any one of those judicial divisions subject to
any order or direction the Court may make or gives as to
the most convenient venue for trial of the suit. - If any suit is commenced in the wrong judicial division, the
Court may refer the suit to the Chief Judge to be reassigned
to the appropriate judicial division unless the Chief Judge
otherwise directs.
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