Order 27 FCT (Civil Procedure) Rules 2025

Order 27 of the Federal Capital Territory (FCT) High Court (Civil Procedure) Rules 2025 is about Reference to Referees and Accounts. It contains the following rules:

1. In any legal proceeding the Court may at any time order the
   whole cause or matter or any question or issue of fact
   arising, to be tried before an official referee or officer of the
   Court, notwithstanding that it may appear that there is a
   special or other relief sought or some special issue to be
   tried, as to which it may be proper that the cause or matter
   should proceed in the ordinary manner.
2. In any case in which a matter is referred to a referee the
   Court shall furnish the referee with such part of the
   proceedings and such information and detailed
   instructions as may appear necessary for his guidance, and
   shall direct the parties if necessary to attend upon the
   referee during the inquiry.
3. The referee may, subject to the order of the Court, hold the
   inquiry at or adjourn it to any place which he may deem
   most expedient, and have any inspection or view for the
   disposal of the controversy before him. He shall, so far as
   practicable, proceed with the inquiry from day to day.

4. (1) Subject to any order made by the Court ordering the
   inquiry, evidence shall be taken at any inquiry before a
   referee, and the attendance of witnesses to give evidence
   before a referee may be enforced by the Court in the same
   manner as such attendance may be enforced before the
   Court; and every such inquiry shall be conducted in the
   same manner or as nearly as circumstances will admit as
   trials before a Court.
   (2) The referee shall have the same authority in the conduct of any inquiry as a judge when presiding at any trial.
   (3) Nothing in these rules shall authorise any referee to commit any person to prison or to enforce any order by attachment or otherwise; but the Court may, in respect of matters before a referee, make such order of attachment or commitment as he may consider necessary.

5. (1) The report made by a referee under a reference order
   shall be made to the Court and notice served on the parties
   to the reference.
   (2) A referee may by his report submit any question arising
   for the decision of the Court or make a special statement of
   fact from which the Court may draw such inferences as it
   deems fit.
   (3) On the receipt of a referee’s report, the Court may:
   (a) Adopt the report in whole or part;
   (b) Vary the report;
   (c) Require an explanation from him;
   (d) Remit the whole or any part of the question or
   issue originally referred to him for further
   consideration by him or any other referee;
   (e) Decide the question or issue originally referred
   to him on the evidence taken before him, with or
   without additional evidence.
   (4) When the report of the referee has been made, an
   application to vary the report or remit the whole or any part
   of the question or issue originally referred may be made at
   the hearing by the Court for further consideration of the
   cause or matter, after giving not less than 4 days notice and
   any other application based on the report may be made at
   the hearing.

(5) Where on a reference under this Order the Court orders
that the further consideration of the cause or matter in
question shall be adjourned until the receipt of the referee’s
report, the order may contain directions with respect to the
proceedings on the receipt of the report and the foregoing
provision of this rule shall have effect subject to any such
directions.

6. The Court may order or direct an account to be taken or by
   any subsequent order give special directions with regard to
   the mode in which the account is to be taken or vouched
   and in particular may direct that in taking the account, the
   books of account in which the accounts in questions have
   been kept shall be taken as prima facie evidence of the truth
   of their contents, with liberty to the interested parties to
   object.
7. Where any account is directed to be taken, the accounting
   party shall make out his account and verify it by affidavit.
   The items on each side of the account shall be numbered
   consecutively, and the account shall be attached to the
   affidavit as an exhibit and filed in the registry.
8. The Court may, upon the taking of any account direct that
   the voucher be produced at the chambers of the accounting
   party’s legal practitioner or at any other convenient place
   and that only such items as may be contested or surcharged
   shall be brought before the Court.
9. Any party seeking to charge any accounting party beyond
   what he has by his account admitted to have received shall
   give notice to him, stating so far as he is able, the amount
   sought to be charged with particulars.

10. Where by any judgment or order any account is directed to
    be taken or inquiries to be made, each such direction shall
    be numbered so that as far as may be, each distinct account
    and inquiry may be designated by a number and such
    judgment or order shall be in Form 24 with such
    modification or variations as the circumstances may
    require.
11. In taking any account directed by any judgment or order,
    all just allowances shall be made without any direction for
    that purpose.

12. If it appears to the Court that there is any undue delay in the
    prosecution of any proceedings, the Court may require the
    party having the conduct of the proceedings or any other
    party, to explain the delay and may make such order with
    regard to expediting the proceedings, the conduct, or the
    stay and as to the costs of the proceedings as the
    circumstances of the case may require; and for these
    purposes any party may be directed to summon the
    persons whose attendance is required, and to conduct any
    proceeding and carry out any directions which may be
    given.

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