Order 9 FCT (Civil Procedure) Rules 2025

Order 9 of the Federal Capital Territory (FCT) High Court (Civil Procedure) Rules 2025 is about Service of processes. It contains the following rules:

1. (1) Service of originating process shall be made by a Sheriff,
   Deputy Sheriff, Bailiff, Special Marshal or other officer of
   the Court. The Chief Judge may also appoint and register
   any law chambers, courier companies or any other
   person(s) or by electronic means as mutually agreed to by
   parties prior to the institution of the action.
   (2) Any person or corporate body serving a process pursuant to sub rule 1 above shall have the privileges and liabilities of an officer of the Court. The expenses of such special service shall be defrayed by the party on whose application he is appointed unless the Court in any case sees reason to vary this rule.
   (3) Where a party is represented by a legal practitioner, service of Court process of which personal service is not required may be made on such legal practitioner or on a person under his control.

2. An officer of Court or process server shall serve an
   originating process by delivering to the party to be served a
   copy of the process duly certified as provided by Order 8
   Rule 2(3).

3. No personal service of an originating process shall be
   required where the defendant has authorized his legal
   practitioner in writing to accept service and such legal
   practitioner enters appearance.

4. All processes for which personal service is not expressly
   required by these rules or any applicable law either on an
   individual, company or business shall be sufficiently
   served if left with an adult person resident or employed at
   the address for service given under Order 6 Rule 6 or if
   served by any other means as the Court may order.

5. (1) Where a person under legal disability is a defendant,
   service on his guardian shall be deemed good and
   sufficient personal service, unless the Court otherwise
   orders.
   PROVIDED that personal service on a minor who is over 16
   years of age living independently or doing business is good
   and sufficient.
   (2) The Court may order that personal service on a person
   under legal disability shall be deemed good and sufficient.

6. Where a detainee or inmate of a station, facility or a
   correctional centre is a defendant, service on the head or
   other officer in charge of the station, facility or correctional
   centre where the defendant is, or on an officer of the agency
   in charge of the station, facility or correctional centre shall
   be deemed good and sufficient personal service on the
   defendant.

7. (1) Where persons are sued as partners in the name of their
   firm, the originating process shall be served upon any one
   or more of the partners at the place of business within the
   jurisdiction or upon any person having control or
   management of the firm.
   (2) The service of the originating process shall be deemed
   good service upon the firm whether any of the members
   are out of the jurisdiction or not and no leave to serve an
   originating process against them shall be necessary:
   (3) Where a firm has been dissolved to the knowledge of the
   claimant before the commencement of the action, the
   originating process shall be served upon every person
   within the jurisdiction sought to be made liable.

8. Subject to any statutory provision regulating service on a
   registered company, corporation or body corporate, every
   originating process requiring personal service may be
   served on a registered company, corporation or body
   corporate, by serving it on any officer or employee of the
   body corporate at the head office or any other place of
   business of the organisation within the jurisdiction of the
   Court.

9. (1) Where the suit is against a foreign corporation or
   company as defined by the relevant provisions of the
   Companies and Allied Matter Act, having an office and
   carrying on business within the jurisdiction, and such suit
   is limited to a cause of action which arose within the
   jurisdiction, the originating process or other documents
   requiring personal service may be served on any officer or representative at the place of business of such foreign corporation or company within the jurisdiction:
   (2) Where a foreign corporation or company has complied with the relevant provisions of the Companies and Allied Matters Act, personal service shall be effected on one of the persons authorized to accept service on behalf of the said company.

10. Where a contract has been entered into within the
    jurisdiction by or through an agent residing or carrying on
    business within the jurisdiction on behalf of a principal
    residing or carrying on business out of the jurisdiction, an
    originating process in an action relating to or arising out of
    such contract may, before the determination of such agent’s
    authority or of his business relations with the principal be
    served on such agent. A copy of the originating process
    shall be sent promptly by the claimant to the defendant at
    his address out of the jurisdiction.

11. (1) Where personal service of an originating process on an
    individual or corporate body cannot be effected, the Court
    may upon application by the claimant make such order for
    substituted service as may seem just.
    (2) Every application to the Court for substituted
    service shall be supported by an affidavit setting forth the
    grounds upon which the application is made.
    (3) Where it appears to the Court after an attempt at
    personal service, that for any reason personal service
    cannot be conveniently effected, the Court may order that
    service be effected either by:
    (a) delivery of the document to some adult inmate at the usual or last known place of abode or business of the person to be served; or
    (b) delivery to some person being an agent of the person to be served, or to some other person, on it being proved that there is reasonable probability that the document would in the ordinary course, through that agent or other person, come to the knowledge of the person to be served; or
    (c) advertisement in the Federal Gazette, or in some newspaper circulating within the jurisdiction; or
    (d) E-mail or any other electronic means and courier service or any other means as the Court may consider appropriate.

12. Where a person to be served, alone or in concert with
    others, resists service or applies or threatens violence to the
    process server, the process server may leave the process
    within the reach of person to be served, and this shall be
    deemed good and sufficient service.

13. (1) The process server shall after serving any process
    promptly depose to and file an affidavit setting out the fact,
    date, time, place and mode of service, describing the
    process served and shall exhibit the acknowledgment of
    service.
    (2) Proof of service by email shall be evidenced by an
    affidavit with a printout of an email notifier attached
    thereto.
    (3) The affidavit shall be prima facie proof of service.

14. (1) The party requiring service of any process shall pay in
    advance all costs and expenses incidental to service.
    (2) The costs and expenses for service shall be as directed by
    the Chief Judge in Practice Directions from time to time.

15. (1) Service of originating and other processes, shall be
    effected between the hours of 6am and 6pm provided that
    where service is effected after 6pm, such service will be
    deemed to have been effected on the next service day.
    (2) Service shall not be effected on a Sunday or on a public
    holiday save in exceptional circumstances as may be
    authorized by the Court.

16. Where parties are represented by counsel, advance copies
    of processes other than originating process may be served
    by email.

17. The Court may serve hearing notices via email, WhatsApp,
    Telegram, SMS and/or any electronic means or as may be
    directed by the judge.

18. (1) The Registrar shall keep a register in such form as the
    Chief Judge may direct for recording service of processes
    by any process server. The Registrar shall record the names
    of the claimant and defendant, the method of service, and
    the manner used to ascertain that the right person was
    served.
    (2) Where any process was not served, the cause of failure
    shall be recorded in the register. Every entry in the register
    or certified copy shall be prima facie evidence of such
    matters.

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