Order 51 FCT (Civil Procedure) Rules 2025

Order 51 of the Federal Capital Territory (FCT) High Court (Civil Procedure) Rules 2025 is about Proceedings in Forma Pauperis. It contains the following rules:

1. This Order shall apply to proceedings for which there is no
   statutory provision for Legal Aid.
2. The Court may allow a person to sue or defend in forma
   pauperis if satisfied that his means do not permit him to
   employ a legal practitioner in the prosecution of his case
   and that he has reasonable grounds for suing or defending
   as the case may be.

3. (1) A person seeking relief under this Order shall write an
   application to the Chief Judge accompanied by an affidavit,
   signed and sworn to by the applicant himself, stating that
   by reason of poverty he is unable to afford the services of
   legal practitioner.
   (2) If in the opinion of the Chief Judge the application has
   merit, the Chief Judge shall appoint a legal practitioner to
   act for the applicant.
   (3) Where a legal practitioner is so appointed the applicant
   shall not dispense with his service except with the leave of
   the Chief Judge.
4. Court fees payable by a person allowed to sue or defend in
   forma pauperis may be remitted either in whole or in part
   as the Court may deem fit and such person shall not,
   unless the Court otherwise orders, be liable to pay or
   receive any costs.

5. (1) The legal practitioner shall not, except by leave of the
   Chief Judge, take or agree to take any payment whatsoever
   from the applicant or any other person connected with the
   applicant or the action taken or defended.
   (2) If the applicant pays or agrees to pay any money to any
   person whatsoever in connection with his application or
   the action taken or defended, the order appointing the legal
   practitioner shall be revoked.
   (3) If the legal practitioner assigned to the applicant
   discovers that the applicant is of means beyond those
   stated in the affidavit, if any, he shall at once report the
   matter in writing to the Chief Judge.

6. (1) The Chief Judge may at any time revoke the order
   granting the application and the applicant shall not be
   entitled to the benefit of this order in any proceedings to
   which the application relates unless otherwise ordered.
   (2) The applicant or the legal practitioner assigned to him
   shall not discontinue, settle or compromise the action
   without the leave of the Court.
7. The Court may order payment to be made to the legal
   practitioner out of any money recovered by the applicant
   or may charge in favour of the legal practitioner upon
   any property recovered by the applicant, such sum as in
   all the circumstances may deem fit.
8. Every order, notice or application on behalf of the
   applicant, except an application for the discharge of his
   legal practitioner, shall be signed by his legal practitioner,
   who shall take care that no application or notice is made or
   given without reasonable cause.

9. No person shall be permitted to appeal in forma pauperis
   except by leave of the trial or the appellate Court; but if so
   permitted the provisions of this order shall apply mutatis
   mutandis to all proceedings on the appeal.

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