Order 25 FCT (Civil Procedure) Rules 2025

Order 25 of the Federal Capital Territory (FCT) High Court (Civil Procedure) Rules 2025 is about Application for Account and Inquiries. It contains the following rules:

1. Where in an originating process a claimant seeks an
   account under Order 6 Rule 5 or where the claim involves
   taking an account, if the defendant either fails to appear, or
   after appearance fails to satisfy the Court that there is a
   preliminary question to be tried, the Court shall, on
   application make an order for the proper accounts, with all
   necessary inquiries and directions.
2. An application for account shall be supported by an
   affidavit filed on a claimant’s behalf, stating concisely the grounds of his claim to an account. The application may be made at any time after the time prescribed for defence.

3. Where an order is made for account under this order, the
   account may be taken by the Court or a referee appointed
   by the Court.
4. (1) Where an account has been ordered to be taken, the
   accounting party shall make out his account and unless the
   Court otherwise directs, verify it by an affidavit to which
   the account shall be exhibited.
   (2) The items on each side of the account shall be numbered
   consecutively.
   (3) Unless the order for the taking of the account otherwise
   directs, the accounting party shall lodge the account with
   the Court and shall at the same time notify the other parties
   that he has done so and of the filing of any affidavit
   verifying the account and of any supporting affidavit.

5. Any party who seeks to charge an accounting party with an
   amount beyond that which he has by his account admitted
   to have received or who alleges that any item in his account
   is erroneous in respect of amount or any other respect shall
   give him notice thereof stating, so far as he is able, the
   amount sought to be charged with brief particulars thereof
   or to back as the case may be, the grounds for alleging that
   the item is erroneous.
6. In taking any account directed by any judgment or order,
   all just allowance shall be made without any direction to
   that effect.
7. (1) If it appears to the Court that there is undue delay in the
   prosecution of any account or inquiry, or in any other
   proceedings under any judgment or order, the Court may
   require the party having the conduct of the proceedings or
   any other party to explain the delay and may then make
   such order for staying the proceedings or expediting them or for the conduct thereof and for costs as the circumstances require.
   (2) The Court may direct any person or legal practitioner to take over the conduct of proceeding in question and to carry-out any directive made by an order under this rule and may make such orders as it deems fit as to the payment of legal practitioner’s costs.

8. Where some of the persons entitled to share in a fund are
   ascertained, and difficulty or delay has occurred or is likely
   to occur in ascertaining the other persons so entitled, the
   Court may order or allow immediate payment of their
   shares to the persons ascertained without reserving any
   part of the shares to meet the subsequent costs of
   ascertaining those other persons.

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