Order 23 FCT (Civil Procedure) Rules 2025

Order 23 of the Federal Capital Territory (FCT) High Court (Civil Procedure) Rules 2025 is about Withdrawal or Discontinuance. It contains the following rules:

1. (1) The claimant may, by notice duly filed and served, at
   any time before receipt of the defence, wholly or in part,
   withdraw or discontinue his claim or any proceedings,
   against all or any of the defendants.
   (2) Where a defence has been filed, the clamant may with
   the leave of the Court discontinue the proceedings or any
   part thereof on such terms and conditions including orders
   as the Court may deem fit.
   (3) Where proceedings have been struck out upon a
   claimant’s withdrawal or discontinuance under this Order,
   no subsequent claim shall be filed by him on the same or
   substantially the same facts until the terms imposed on him
   by the Court have been fully complied with.
   (4) The Court may in the same manner and discretion as to terms, upon the application of a defendant order the whole or any part of his alleged grounds of defence or counterclaim to be withdrawn or struck out.

2. When a cause is ready for trial, it may be withdrawn by
   either claimant or the defendant upon producing to the
   Registrar a consent in writing signed by the parties and
   thereupon the Court shall strike out the matter without the
   attendance of the parties or their legal practitioner.
3. Where a suit is withdrawn or discontinued after the party
   withdrawing has called evidence, the suit shall be liable to
   be dismissed.

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