Order 20 FCT (Civil Procedure) Rules 2025

Order 20 of the Federal Capital Territory (FCT) High Court (Civil Procedure) Rules 2025 is about Default of pleadings. It contains the following rules:

  1. If the claim is only for a debt or liquidated demand, and the
    defendant does not within the time allowed for the
    purpose, file a defence, the claimant may, at the expiration
    of such time, apply for final judgment for the amount
    claimed with costs.
  2. Where in any such action as in Rule 1 of this Order there are
    several defendants, if one of them makes default, the
    claimant may apply for final judgment against the
    defendant(s) making default and issue execution upon such judgment without prejudice to his right to proceed with his action against the other defendants.
  1. If the claim is for pecuniary damages or for detention of
    goods with or without a claim for pecuniary damages, and
    the defendant or all the defendants, if more than one, make
    default as mentioned in Rule 1 of this order, the claimant
    may apply to the Court for interlocutory judgment against
    the defendant(s) and the value of the goods and the
    damages, or the damages only as the case may be, shall be
    ascertained in any way which the Court may order.
  2. Where in any such action as in Rule 3 of this Order there are
    several defendants, if one or more of them make default as
    mentioned in Rule 1 of this Order, the claimant may apply
    to the Court for interlocutory judgment against the
    defendant(s) so making default and proceed with his
    action against the others. In such case the value and
    amount of damages against the defendant(s) making
    default shall be assessed at the trial of the action or issues
    therein against the other defendants, unless the Court shall
    otherwise order.
  1. Where the claim is for debt or liquidated demand and also
    for pecuniary damages or for detention of goods with or
    without a claim for pecuniary damages and includes a
    liquidated demand and any defendant makes default as
    mentioned in Rule 1 of this Order, the claimant may apply
    to the Court for final judgment for the debt or liquidated
    demand, and may also apply for interlocutory judgment
    for the value of the goods and damages, or the damages
    only as the case may be, and proceed as mentioned in Rules
    3 and 4.
  2. In an action for the recovery of land, if the defendant makes
    default as mentioned in Rule 1, the claimant may apply for
    a judgment that the person whose title is asserted in the
    writ of summons shall recover possession of the land with
    costs.
  1. Where the claimant has endorsed a claim for mesne profits
    or arrears of rent in respect of the premises claimed, or any
    part of them, or damages for breach of contract, wrong or
    injury to the premises claimed upon a writ for recovery of
    land, if the defendant makes default as mentioned in
    Rule1of this Order, or if there be more than one defendant
    and one or more of the defendants make such default, the
    claimant may apply for final judgment against the
    defaulting defendant or defendants and proceed as
    mentioned in Rules 3 and 4.
  2. (1) If the claimant’s claim is for a debt or liquidated
    demand or for pecuniary damages only, or for detention of
    goods with or without a claim for pecuniary damages, or
    for any such matters, or for the recovery of land, and the
    defendant files a defence which purports to offer an answer
    to part only of the claimant’s alleged cause of action, the
    claimant may apply for judgment, final or interlocutory, as
    the case may be, for the part unanswered. The unanswered
    part consists of a separate cause of action or is severable
    from the rest, as in the case of part of a debt or liquidated
    demand;
    (2) Where there is a counterclaim, execution on any such
    judgment as above mentioned in respect of the claimant’s
    claim shall not issue without leave of the Court.
  1. In all actions other than those in the preceding rules of this
    Order, if the defendant makes default in filing a defence,
    the claimant may apply to the Court for judgment, and
    such judgment shall be given upon the statement of claim
    as the Court shall consider the claimant to be entitled to.
  2. Where in any such action as provided in Rule 9 of this
    Order, there are several defendants, if one of such
    defendants makes such default, the claimant may apply for
    judgment against the defendant, and proceed against the
    other defendants.
  1. In any case in which issues arise in a proceeding other than
    between claimant and defendant, if any party to any such
    issue makes default in filling any pleadings, the opposing
    party may apply to the Court for judgment, if any, on the
    pleadings he may appear to be entitled to, and the Court
    may order judgment to be entered accordingly or may
    make such other order as may be necessary to do justice
    between the parties.
  2. Any judgment by default under this Order may be set aside
    upon application made within 14 days of the date of the
    judgment and upon such terms as the Court may deem fit.
See also  Section 322 Investments and Securities Act 2025
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