Order 8 FCT (Civil Procedure) Rules 2025

Order 8 of the Federal Capital Territory (FCT) High Court (Civil Procedure) Rules 2025 is about Issuance of originating process. It contains the following rules:

1. Originating process shall be prepared by a claimant or his
   legal practitioner, and shall be clearly printed on A4 paper.

2. (1) The Registrar shall sign and seal every originating
   process and it shall be deemed to be issued.
   (2) The claimant shall provide as many copies of the
   originating processes filed for the use of the Court and for
   service on the defendant(s).
   (3) Each copy shall be signed by the legal practitioner or by
   a claimant where he sues in person and shall be certified
   after verification by the Registrar as being a true copy of the
   process filed.

3. The Registrar shall after sealing an originating process:
   (a) Open a file;
   (b) State in the file the number of copies supplied by
   the claimant;
   (c) Endorse on the file the suit number, parties and
   date of filing, and
   (d) Enter in the cause book (c) above

4. The Registrar shall promptly effect or cause to be effected
   by personal service of the originating process and
   accompanying documents duly certified on each
   defendant as provided under rule 2 (3) of this Order.

5. The originating process in probate actions shall be
   accompanied by an affidavit sworn to by a claimant or one
   of several claimants verifying the contents of the process.

6. (1) The life span of every originating process shall be 12
   months.
   (2) Where a Court is satisfied that it has proved impossible
   to serve an originating process on any defendant within its
   life span and a claimant applied within 14 days after its
   expiration for renewal of the process, the Court may renew
   the original or concurrent process for a further period of 6
   months from the date of such renewal. A renewed
   originating process shall be as in Form 7 with such
   modifications or variations as circumstances may require.

7. Where an originating process is lost after issue, the Court
   may accept copy of the certified process in place of the lost
   one.
8. (a) An originating process for service outside jurisdiction
   may be issued and marked as a concurrent originating
   process with the one for service within jurisdiction.
   (b) A claimant may at the issuance of an originating
   process or at any time during its life span, cause to be
   issued one or more concurrent originating processes each
   to bear the same date as the initial process marked
   “CONCURRENT” and have stated on it the date of issue.

[/membership]