Order 35 FCT (Civil Procedure) Rules 2025

Order 35 of the Federal Capital Territory (FCT) High Court (Civil Procedure) Rules 2025 is about Summary Judgment. It contains the following rules:

1. Where a claimant believes that there is no defence to his
   claim, he shall file with his originating process the
   statement of claim, the documents to be relied upon, the
   depositions of his witnesses and an application for
   summary judgment supported by an affidavit stating the
   grounds for his belief and a written address in support of
   the application.

2. A claimant shall deliver to the Registrar as many copies of
   the processes and documents referred to in Rule 1 of this
   Order for the use of the Court and service on the
   defendant(s).
3. Service of processes and documents referred to in Rule 1
   of this Order shall be effected in the manner provided
   under Order 9.
4. Where a party served with the processes and documents
   referred to in Rule 1 of this Order intends to defend the suit
   he shall, not later than the time prescribed for defence, file:
   (a) His statement of defence;
   (b) Depositions of his witnesses;
   (c) The documents to be used in his defence;
   (d) Counter affidavit; and
   (e) A written address in reply to the application for
   summary judgment.

5. (1) Where it appears to the Court that a defendant has a
   good defence and ought to be permitted to defend the
   claim he may be granted leave to defend.
   (2) Where it appears to the Court that the defendant has no
   good defence the Court may enter judgment for a claimant.
   (3) Where it appears to the Court that the defendant has a
   good defence to part of the claim, the Court may enter
   judgment for that part of the claim and grant leave to
   defend that part to which there is a defence.
6. Where there are several defendants and it appears to the
   Court that any of the defendants has a good defence and
   ought to be permitted to defend the claim and other
   defendants have no good defence and ought not to be
   permitted to defend the former may be permitted to defend
   and the Court shall enter judgment against the latter.

[/membership]