Order 21 FCT (Civil Procedure) Rules 2025

Order 21 of the Federal Capital Territory (FCT) High Court (Civil Procedure) Rules 2025 is about Payment into and out of Court. It contains the following rules:

1. (1) Where after service in any proceedings for debt or
   damages, a defendant intends to pay money into Court in
   respect of the proceedings, he shall notify the Chief
   Registrar who will thereupon direct him to pay the money
   into an interest yielding account in a commercial bank and
   he shall file the teller for such payment with the Chief
   Registrar.
   (2) Where a teller for payment is filed with the Chief
   Registrar, he shall give notice of the payment to the
   claimant who may apply to the Court for an order to
   withdraw the amount paid.
   (3) Where a defence of tender before action is set up, the
   sum of money alleged to have been tendered shall be
   brought into Court.
   (4) The defendant may without leave give a written notice
   to the Chief Registrar of an intention to increase the amount
   of any sum paid into Court.
   (5) Where the money is paid into Court in satisfaction of
   one or more causes of action, the notice shall specify the
   cause(s) of action for which payment is made and the sum
   paid for each such cause of action unless the Court otherwise directs.

(6) The notice shall be as in Form 16 with such
modifications or variations as circumstances may require.
The claimant shall acknowledge in writing within 3 days
the receipt of the notice. The notice may be modified,
withdrawn or delivered in an amended form by leave of
the Court on such terms as may be just.

(7) Where money is paid into Court with denial of liability,
the amount paid shall be applied so far as is necessary in
satisfaction of the claim, and the balance, if any, shall on the
order of the Court be repaid to the defendant. Where the
defendant succeeds on the claim, the whole amount paid
into Court shall be repaid to him on the order of the Court.

2. (1) Where money is paid into Court under Rule1, the
   claimant within 14 days of the receipt of the notice of
   payment into Court, or where more than one payment into
   the Court has been made within 14 days of the receipt of the
   notice of the last payment, accept the whole sum or any one
   or more of the specific sum in satisfaction of the cause(s) of
   action to which the specified sum(s) relate by giving notice
   to the defendant as in Form 17 with such modifications or
   variations as circumstances may require. The claimant
   shall be entitled to receive payment of the accepted sum(s)
   in satisfaction of the claim.
   (2) Payment shall be made to the claimant or on his written
   authority to his legal practitioner and thereupon
   proceedings in the action or in respect of the specified
   cause(s) of action (as the case may be) shall abate.
   (3) If the claimant accepts money paid into Court in
   satisfaction of his claim, or if he accepts a sum(s) paid in
   respect of one or more specified cause(s) of action, and
   gives notice that he abandons the other causes of action, he
   may after 4 days of payment and unless the Court
   otherwise orders, tax his costs incurred to the time of
   payment into Court, and 48 hours after taxation may sign
   judgment for his taxed costs.
   (4) Where in an action for libel or slander, the claimant accepts money paid into Court, either party may apply by summons to the Court for leave to make a statement in open Court in terms approved by the Court.

3. If the whole money in Court is not taken out under Rule 2,
   the money remaining in Court shall not be paid out except
   in satisfaction of the claim or specified cause(s) of action for
   which it was paid under an order of the Court which may
   be made at any time before, at or after trial.

4. (1) Money may be paid into Court under rule 1 of this order
   by one or more of several defendants sued jointly or in the
   alternative upon notice to the defendant(s).
   (2) If the claimant within 14 days after receipt of notice of
   payment into Court elects to accept the sums paid into
   Court, he shall give notice as in Form 18 with such
   modifications or variations as circumstances may require
   to each defendant and all further proceedings in the action
   or on the specified cause(s) of action (as the case may be)
   shall abate.
   (3) The money shall not be paid out except under an order
   of the Court dealing with the whole cause(s) of action.
   (4) In an action for libel or slander against several
   defendants sued jointly, if any defendant pays money into
   Court, the claimant may within 14 days elect to accept the
   money paid into Court in satisfaction of his claim against
   the defendant making the payment and shall give notice to
   all the defendants as in Form 18 with such modifications or
   variations as circumstance may require. The claimant may
   tax his costs against the defendant who has made such
   payment in accordance with Rule 2 (3) of this order and the
   action shall abate against that defendant.
   (5) The claimant may continue with the action against any
   other defendant but the money paid into Court shall be set
   off against any damages awarded to the claimant against
   the defendant or defendants against whom the action is
   continued.

5. A person made a defendant to a counterclaim may pay
   money into Court in accordance with the foregoing rules,
   with necessary modification.

6. (1) In any proceeding in which money or damages is or are
   claimed by or on behalf of a person under legal disability
   suing either alone or in conjunction with other parties, no
   settlement, compromise, payment or acceptance of money
   paid into Court, whether before, at or after the trial, shall as
   regards the claims of any such person be valid without the
   approval of the Court.
   (2) No money (which expression for the purposes of this
   rule includes damages) in any way recovered, adjudged,
   ordered, awarded or agreed to be paid in any such
   proceedings on the claims of any such person under legal
   disability whether by judgement, settlement, compromise,
   payment into Court or otherwise, before, at or after the
   trial, shall be paid to the claimant, his guardian or his legal
   practitioner unless the Court shall so direct.
   (3) All monies so recovered, adjudged, ordered, awarded
   or agreed to be paid shall be dealt with, as the Court shall
   direct. The directions given may include any general or
   special directions that the Court may deem fit to give,
   including directions on how the money is to be applied or
   dealt with and as to any payment to be made either directly
   or out of money paid into Court to the claimant or his
   guardian for money paid or expenses incurred, for
   maintenance or otherwise for, on behalf of, for the benefit
   of the person under legal disability, or otherwise to the
   claimant’s legal practitioner for costs or of the difference
   between party and party and legal practitioner and client costs.

7. Every application on notice for payment into or transfer
   out of Court shall be made on notice.

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