Order 13 FCT (Civil Procedure) Rules 2025

Order 13 of the Federal Capital Territory (FCT) High Court (Civil Procedure) Rules 2025 is about I. Parties Generally (and other headings). It contains the following rules:

I. Parties Generally

1. All persons may be joined in one action as claimants in
   whom any right to relief is alleged to exist whether jointly
   or severally and judgment may be given for such
   claimant(s) as they may be found to be entitled to, without
   any amendment.
2. Where an action has been commenced in the name of the
   wrong person as claimant or where it is doubtful whether it
   has been commenced in the name of the right claimant, the
   Court may order the substitution or addition of any other
   person as claimant on such terms as may be just.

3. Where in commencing an action any person has been
   wrongly or improperly included as a claimant and a
   defendant has set up a counterclaim or set-off, such
   defendant may establish his set-off or counterclaim as
   against the parties other than a claimant so included,
   notwithstanding the inclusion of such claimant or any
   proceeding based on it
4. Any person may be joined as defendant against whom the
   right to any relief is alleged to exist, whether jointly,
   severally or in the alternative. Judgment may be given
   against one or more of the defendants as may be found to be
   liable, according to their respective liabilities, without any
   amendment.

5. Where an action has been instituted against a wrong
   defendant or where the name of a defendant has been
   incorrectly stated, the Court may upon application order a
   substitution or addition of any person as defendant or
   correction of any such name on any term as may be just.
6. (1) It shall not be necessary for every defendant to be
   interested in the relief sought in every cause of action
   included in any proceeding against him.
   (2) The Court upon considering the defence filed by any
   defendant, may on application by that defendant make
   such order as may appear just, to prevent him from being
   embarrassed, put to expense, attend or defend any
   proceedings in which he may have no interest.

7. A claimant may at his option join as parties to the same
   action, all or any of the persons severally or jointly and
   severally, liable on any contract, including parties to bills of
   exchange and promissory notes.
8. Where a claimant is in doubt as to the person from whom
   he is entitled to redress, he may, in accordance with this
   Rules, or as may be prescribed by any special order, join two or more defendants, so that the question as to which, if any, of the defendants is liable and to what extent, may be determined as between all parties.

9. Where in land matters a claimant is unable to identify the
   person against who he claims, he may subject to the Rules
   of this Court describe such a person as a “person
   unknown”.

10. Any party sued as a “person unknown” may by leave of
    Court apply for the substitution of his name as a defendant.

11. Persons under legal disability may sue or defend by their
    guardians or a guardian appointed for that purpose.

12. Where the name of any person is to be used in any action as
    guardian of a person under legal disability or other party or
    as relation, a written authority for that purpose signed by
    that person shall be filed with the process.

13. (1) Trustees, executors and administrators may sue and be
    sued on behalf of or as representing the property or estate
    of which they are trustees or representatives, without
    joining any of the persons beneficially interested in the
    trust or estate, and shall be considered as representing such
    person.
    (2) The Court may, at any stage of the proceedings order
    any of such persons to be made parties in addition to or in
    lieu of the previously existing parties.
    (3) This rule shall apply to trustees, executors and
    administrators in proceedings to enforce a security by
    foreclosure or otherwise.

14. (1) Where there are numerous persons having the same
    interest in one suit, one or more of such persons may sue or
    be sued on behalf of or for the benefit of all persons so
    interested.
    (2) Where there are numerous persons having the same interest in one suit and they seek to defend the action, the Court may allow one or more of such persons to defend the action on behalf or for the benefit of all persons so interested.

15. (1) Where in any proceedings concerning;
    (a) The administration of estate; or
    (b) Property subject to a trust; or
    (c) Land devolved under other interest as family or community property; or
    (d) The construction of any written instrument, including a statute; or
    (e) Torts or any other class action the Court is satisfied that;
    (i) The person, the class or some members of the class interested cannot be ascertained or readily be ascertained;
    (ii) The person, the class or some members of the class interested if ascertained cannot be found;
    (iii) Though the person or the class and the members can be ascertained and found; it is expedient for the purpose of efficient procedure that one or more persons be appointed to represent that person or class or member of the class, the Court may make the appointment. The decision of the Court in the proceedings shall be binding on the person or class of person so represented.

(2) Notice of appointment made by the Court under this rule and all processes filed in Court shall be served on a person(s) so appointed and published in a National newspaper.

(3) If in any proceedings mentioned in sub-rule 1 of this rule, several persons having the same interest in relation to the matter to be determined attend the hearing by separate legal practitioners, then unless the Court considers that the
circumstances justify separate representation, not more than one set of costs of the hearing shall be allowed to these persons, and the judgment or order shall be made accordingly.

16. Where in any proceedings mentioned in sub-rule (1) of rule
    13 of this order, a compromise is proposed and some of the
    absent persons who are interested in or may be affected by
    the compromise are not parties to the proceedings
    (including unborn or unascertained persons) but where:
    (i) There are some other persons having the same
    interest before the Court who assent to the
    compromise or on whose behalf the Court sanctions
    the compromise, or
    (ii) The absent persons are represented by a person
    under Rule 13 of this order who so assents; the Court
    if satisfied that the compromise will be for the
    benefit of the absent persons and that it is expedient
    to exercise this power, may approve the
    compromise and order that such compromise shall
    be binding on the absent persons, and they shall be
    bound accordingly, except where the order has been
    obtained by fraud or non-disclosure of material
    facts.

17. (1) If in any proceedings it appears to the Court that any
    deceased person who was interested in the proceedings
    has no legal representative, the Court may proceed in the
    absence of any person representing the estate of the
    deceased person, or may appoint some person to represent
    his estate for the purpose of the proceeding, on such notice
    to such persons (if any) as the Court may deem fit, either
    specifically or generally by public advertisement. The
    order so made and any order consequent thereon shall
    bind the estate of the deceased person in the same manner
    in every respect as if a duly constituted legal representative
    of the deceased had been a party to the proceedings.
    (2) Where a party in a proceedings dies and the cause of
    action survives but the person entitled to proceed fails to
    proceed, the Court may on the application of the legal
    practitioner of either party order any person to take the
    place of the deceased and proceed with the suit.

(3) In default of such application or where the person
substituted fails to proceed, judgment may be entered for
the defendant or as the case may be for the person against
whom the proceedings might have been continued.

18. (1) No proceedings shall be defeated by reason of
    misjoinder or nonjoinder of parties, and the Court may deal
    with the matter in controversy so far as regards the rights
    and interest of the parties actually before him.

(2) The Court may at any stage of the proceedings, either
upon or without the application of either party, and on
such terms as may appear to the Court to be just, order that
the names of any parties improperly joined be struck out.

(3) The Court may order that the names of any party who
ought to have been joined or whose presence before the
Court is necessary to effectually and completely adjudicate
upon and settle the questions involved in the proceedings
be added.

(4) No person under legal disability shall be added as a
claimant suing without a guardian and no person shall be
added as the guardian of a claimant under legal disability
without his own consent in writing.

(5) Every party whose name is added as defendant shall be
served with the originating processes or notice in the
manner prescribed in this Rules or in such manner as may
be prescribed by the Court and the proceedings against
such person shall be deemed to have begun on the service
of such originating processes or notice.

19. (1) Any application to add or strike out or substitute or
    vary the name of a claimant or defendant may be made to
    the Court by motion.
    (2) Where the application is to add a claimant or a
    defendant, the application shall be accompanied by the
    statement of claim or defence as the case may be, all the
    exhibits intended to be used and the depositions of all the
    witnesses; Except where the application is to substitute a
    deceased party with another person in which case the application may not be accompanied by such documents specified above.

20. Where a defendant is added or substituted the originating
    process shall be amended accordingly and the claimant
    shall unless otherwise ordered by the Court file an
    amended originating process and cause the new defendant
    to be served in the same manner as the original defendant.
21. (1) Where it appears to the Court that any person not a
    party in the proceedings may bear eventual liability either
    in whole or in part, the Court may upon an ex-parte
    application allow that person to be joined as a Third Party
    by any of the defendants. The application shall state the
    grounds for the applicant’s belief that such third party may
    bear eventual liability.
    (2) The order and existing processes shall be served on the
    third party within the time prescribed for delivering the
    defence.

22. Where a party is joined to any proceeding as a third party
    he may after service enter appearance within 8 days and
    not later than 35 days if he resides or carries on business
    outside jurisdiction or within such further time as the
    Court may order.

23. If a third party duly served with the order and all processes
    does not enter an appearance or defaults in filing any
    pleading, he shall be deemed to admit the validity of and
    shall be bound by any judgment given in the action
    whether by consent or otherwise.

24. Party joined as a third party in any proceedings may join
    any other party in the same manner as he was joined and
    the expression “third party” shall apply to and include
    every person so joined.

II. Actions against firms and persons carrying on business in names other than their own.

25. Any two or more persons claiming or alleged to be liable as
    partners and doing business within the jurisdiction may
    sue or be sued in the name of the firms, if any, of which they
    were partners when the cause of action arose and any party
    to an action may in such case apply to the Court for a
    statement of the names and addresses of the persons who
    were partners in the firm when the cause of action arose, to
    be furnished in such manner, and verified on oath or
    otherwise as the Court may direct.

26. (1) When an originating process is issued by partners in the
    name of their firm, the claimants or their legal practitioners
    shall, on demand in writing by or on behalf of any
    defendant declare in writing the names and residential
    addresses of all the persons constituting the firm on whose
    behalf the action is brought.
    (2) Where the claimants or their legal practitioners fail to
    comply with such demand, all proceedings in the action
    may, upon an application for that purpose, be stayed upon
    such terms as the Court may direct.
    (3) Where the names of the partners are so declared, the suit
    shall proceed in the same manner and the same
    consequences in all respects shall follow as if they had been
    named as claimants in the originating process provided
    that the proceedings may continue in the name of the firm.

27. (1) Where persons are sued as partners in the name of their
    firm, they shall appear individually in their own names;
    but all subsequent proceedings shall continue in the name
    of the firm.
    (2) Where an originating process is served upon a person
    having the control or management of the partnership
    business no appearance by him shall be necessary unless he
    is a member of the firm sued.

28. The above rules in this Part shall apply to proceedings
    between a firm and one or more of its partners and between
    firms having one or more partners in common, provided
    such firm or firms carry on business within the jurisdiction.

29. Any person carrying on business within the jurisdiction in
    a name or style other than his own name may be sued in
    such name or style as if it were a firm name, and, so far as
    the nature of the case will permit, all rules relating to
    proceedings against firms shall apply.

III. Change of parties by death or otherwise.

30. No proceedings shall abate by reason of death or
    bankruptcy of any of the parties, if the cause of action
    survives and shall not become defective by the assignment,
    creation or devolution of any estate or title pendente lite
    and, whether the cause of action survives or not, there shall
    be no abatement by reason of the death of either party
    between the finding on issues of fact and judgment, but
    judgment may in such case be entered notwithstanding the
    death.

31. (1) Where by reason of death or bankruptcy, or any other
    event occurring after the commencement of a proceeding
    and causing a change or transmission of interest or liability,
    or by reason of any person interested coming into existence
    after the commencement of the proceedings, it becomes
    necessary or desirable that any person not already a party
    should be made a party or that any person already a party
    should be made a party in another capacity, an order that
    the proceedings shall be carried on between the continuing
    parties and such new party or parties may be obtained ex
    parte upon an allegation of such change, or transmission of
    interest or liability, or of any such person interested having
    come into existence.
    (2) An order obtained under this rule shall be served upon
    the continuing party or parties, or their legal practitioner and upon such new party unless the person making the application is the new party.

(3) Every person served who is not already a party to the
proceedings shall where applicable enter an appearance
within the same time and in the same manner as if he had
been served with the originating process, and shall be
served with the originating and all processes.

(4) Any party served under this rule who was not already a
party to the proceedings shall file his pleadings and other
documents as if he had been an original party to the
proceedings.

32. In case of an assignment, creation or devolution of any
    estate or title pendente lite, the cause or matter may be
    continued by or against the person to or upon whom such
    estate or title has inured or devolved.

33. Where any person who is under no legal disability or being
    under any legal disability but having a guardian in the
    proceedings is served with an order under Rule 30, such
    person may apply to the Court within 14 days from the
    service of the order to discharge or vary such order.

34. Where any person under any legal disability and not
    having a guardian in the proceedings is served with an
    order under Rule 30, such a person may apply
    to the Court within 14 days from the appointment of the
    guardian for such party to discharge or vary such order
    and until such period has expired the order shall have no
    effect as against the person under legal disability.

IV. Legal Practitioners or Agents

35. Where by these rules any act may be done by any party in
    any proceedings, such act may be done either by the party
    in person, or by his legal practitioner, or by his agent
    (unless an agent is expressly barred under these rules).

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