Order 6 FCT (Civil Procedure) Rules 2025
Order 6 of the Federal Capital Territory (FCT) High Court (Civil Procedure) Rules 2025 is about Endorsement of Claim and Address. It contains the following rules:
- Every originating process shall contain an endorsement of
the relief(s) or remedy sought and the full names and
address of the Claimant(s) and the Defendant(s). - Where a Claimant sues, or the Defendant or any of several
Defendants is sued in a representative capacity, the
originating process shall state that capacity. - In probate actions the originating process shall state
whether a Claimant claims as creditor, executor,
administrator, beneficiary, next of kin or in any other
capacity.
- (1) Where the claim is for debt or liquidated demand only,
the originating process shall state the amount claimed for
debt or in respect of such demand with costs and shall
further state that the defendant may pay the amount with
costs to the claimant’s legal practitioner within the time
allowed for appearance and that upon such payment the
Proceedings shall terminate.
(2) The defendant may notwithstanding payment under
this rule, have the cost taxed and if more than one sixth of
the cost shall be disallowed, the claimant’s legal
practitioner shall pay the cost of taxation.
- In all cases where a claimant in the first instance desires to
have an account taken, the originating process shall so
state. - (1) A claimant suing in person shall state on the originating
process his address for service. If he lives and carries on business outside the jurisdiction he shall state an address within the jurisdiction as his address for service. (2) Where a claimant sues through a legal practitioner, the legal practitioner shall state on the originating process his address for service. If the legal practitioner is based outside the jurisdiction, he shall state an address within the jurisdiction as his address for service, telephone number(s) and email address.
- Where an originating process is to be served on a defendant
outside the jurisdiction the process shall state the address
as provided in rule 6 of this Order. - Where the originating process does not state an address for
service, it shall not be accepted by the Registrar and if any
such address is illusory, fictitious or misleading, the Court
may on the application of the defendant set aside the
process.
Leave a Reply