Order 17 FCT (Civil Procedure) Rules 2025

Order 17 of the Federal Capital Territory (FCT) High Court (Civil Procedure) Rules 2025 is about Statement of Defence and Counterclaim. It contains the following rules:

1. The statement of defence shall be a statement in summary
   form and shall be supported by copies of documentary
   evidence, list of witnesses and their written statements.
2. When a party in any pleadings denies an allegation of fact
   in the pleadings of the opposing party, he shall not be
   evasive, but answer the point of substance.
   If an allegation is made with diverse circumstances, it shall
   not be sufficient to deny it in those circumstances.

3. (1) In an action for debt or liquidated money demand, a
   mere denial of the debt shall not be sufficient defence.
   (2) In an action for money had and received, a defence in
   denial must deny the receipt of the money or the existence
   of those facts which are alleged to make such receipt by the
   defendant a receipt to the use of the claimant.
   (3) In an action for goods sold and delivered, the defence
   must deny the order, contract, delivery, and amount
   claimed.
   (4) In an action upon a bill of exchange, promissory note or
   cheque, a defence in denial must deny some matter of fact,
   such as the drawing, making, endorsing, accepting,
   presenting or notice of dishonour of the bill or note.

4. If either party wishes to deny the right of any other party to
   claim as executor, or a trustee or in any representative or
   other alleged capacity, or the alleged constitution of any
   partnership firm, he shall deny it specifically.

5. No denial or defence shall be necessary as to damages
   claimed or their amount; they are deemed to be in issue in
   all cases, unless expressly admitted.
6. Where any defendant seeks to rely upon any ground as
   supporting a right of set-off or counter claim, he shall in his
   defence state specifically that he does so by way of
   supporting a right of set off or counterclaim.
7. Where the defendant by his defence sets up any counter
   claim which raises questions between himself and the
   claimant along with any other persons, he shall add to the
   title of his defence a further title similar to the title in a
   statement of claim, stating the names of all persons who, if
   such counterclaim were to be enforced by cross action
   would be defendants to the cross action, and shall deliver
   his defence to as many of them as are parties to the action
   within the period required to deliver it to the claimant.

8. Where any person stated in Rule 7 of this Order is not a
   party to the action he shall be summoned to appear by
   being served with a copy of the defence and counterclaim,
   and such service shall be regulated by the same rules as
   those governing the service of the originating process.
   Every defence and counter claim so served shall be
   endorsed in Form 13 with such modifications or variations
   as circumstances may require.
9. Any person not already a party to the action, who is served
   with a defence and counterclaim, must appear as if he had
   been served with an originating process to appear in an
   action.
10. Any person not already a party to the action, who is named
    in a defence as party to a counterclaim, shall deliver a
    defence in a mode and manner prescribed under this order
    and the provisions of the order shall apply to such a person.

11. If, in any case in which the defendant sets up a
    counterclaim, the action of the claimant is stayed,
    discontinued or dismissed, the counterclaim may
    nevertheless be proceeded with.
12. Where in an action, a set off or counterclaim is established
    as a defence against the claimant’s claim, the Court may, if
    the balance is in favour of the defendant, give judgment for
    the defendant for such balance, or may otherwise adjudge
    to the defendant such relief as he may be entitled to upon
    the merits of the case.

13. (1) Any ground of defence which arises after the action has
    been filed, but before the defendant has delivered his
    defence, and before the time limited for doing so has
    expired, may be raised by the defendant in his defence,
    either alone or together with other grounds of defence.
    (2) If after a defence has been delivered along with a set-off
    or counterclaim and any basis for answer or ground of
    defence arises to any such set-off or counterclaim, it may be
    raised by the claimant in his reply (in the case of a
    set-off) or defence to counterclaim, either alone or with any
    other ground of reply or defence to counterclaim.

14. Where any ground of defence arises after the defendant has
    delivered a defence, or after the time limited for his doing
    so has expired, the defendant may, and where any ground
    of defence to any set-off or counterclaim arises after reply,
    or after the time limited for delivery of a reply has expired,
    the claimant may, within 8 days after such ground of
    defence has arisen or at any subsequent time by leave of the
    Court deliver a further defence or further reply, as the case
    may be.

15. Whenever any defendant in his defence or in any further
    defence under Rule 14 of this order alleges any ground of
    defence which has arisen after the commencement of the
    action, the claimant may concede to such defence (which concession may be as in form 14 with such modification as circumstances may require) and may obtain judgment up to the time of the pleading of such defence, unless the Court either before or after the delivery of such concession otherwise orders.

16. A respondent to an originating summons shall file a
    counter affidavit with all the exhibits he intends to rely
    upon and a written address within 21 days after service of
    the originating summons.

[/membership]