Order 44 FCT (Civil Procedure) Rules 2025

Order 44 of the Federal Capital Territory (FCT) High Court (Civil Procedure) Rules 2025 is about Habeas corpus, Attachment for Contempt. It contains the following rules:

I – HABEAS CORPUS

1. Where a person is alleged to be wrongly detained,
   application may be made for an order that he be produced
   in Court for the purpose of being released from detention.
2. (1) No application under rule (1) shall be made unless leave
   has been granted in accordance with this rule.
   (2) Application for such leave shall be made ex-parte to the Court and shall be supported by a statement stating out the name, and description of the applicant, the relief sought, and the grounds on which it is sought; it shall also be supported by an affidavit verifying the fact relied on.

(3) The affidavit verifying the facts relied on in making the
application shall be made by the person detained; but
where the person detained is unable owing to the detention
to make the affidavit, the application shall be accompanied
by an affidavit to the like effect made by some other
persons, which shall also state that the person detained is
unable to make the affidavit himself.
(4) The applicant shall file, in the Court, the application for
leave not later than the day preceding the date of hearing,
and shall at the same time lodge in the Court enough copies
of the statement and affidavit for service on any party or
parties as the Court may order.
(5) The Court or Judge may, in granting leave, impose such
terms as to giving security for cost as it deems fit.

(6) The Court or Judge may: –
(a) make an order forthwith for the release of the
person being detained the provision of paragraph
(1) notwithstanding;
(b) direct that an originating summons be issued in
form 2 of the Fundamental Rights (Enforcement
Procedure) Rules, 1999; or
(c) adjourn the ex parte application so that notice
thereof may be given to the person against whom
the order for the person released is sought.
(7) The summons or notice of motion shall be served on the
person against whom the order for the release of the person
detained is sought and on such other persons as the Court
or Judge may direct, and, unless the Court or the Judge
otherwise directs, there shall be at least five (5) clear days
between the service of the summons or motion and the date
named therein for the hearing of the application.

3. (1) Without prejudice to rule 2(6), the Court or Judge hearing the application may, in his discretion, order that the person be produced in Court.
(2) An order under paragraph 6 of this rule shall be a sufficient summons for any superintendent of a correctional centre, police officer in charge of a police station, police officer in charge of the person detained or any other person responsible for his detention, for the production in Court of the person detained.
(3) Where an order is made for the production of the person detained, the Court or judge by whom the order is made shall give directions as to the Court or judge before whom, and the date on which the order is returnable.

4. (1) Subject to paragraphs two (2) and three (3), an order for
   production of the person detained shall be served
   personally on the person to whom it is directed.
   (2) If it is not possible to serve such an order personally, or it
   is directed to a police officer or correctional facility
   superintendent or other public official, it shall be served by
   leaving it with any person or official working in the office
   of the police officer, or the correctional facility or office of
   the superintendent or the office of the public official to
   whom the order is directed.
   (3) If the order is made against more than one person, the
   order shall be served in a manner provided by the rule on
   the person first named on the order and copies shall be
   served on each of the other persons in the same manner.
   (4) There shall be served with the order (in form 4 in the
   Fundamental Rights (Enforcement) Rules, 1999) stating the
   Court or Judge before whom, and the date on which, the
   person detained is to be brought.

5. (1) The return to an order for the release of a person
   detained shall be endorsed on or annex to the order and
   shall state all the causes or justifications of the detainer of
   the person detained.
   (2) The return may be amended, or another return
   substituted therefor, by the leave of Court or Judge before whom the order is returnable.

6. When a return to the order has been made, the return shall
   first be read in open Court and an oral application then
   made for discharging or remanding the person detained or
   amending or quashing the return, and where that person is
   brought upon in Court in accordance with the order, his
   legal representative shall be heard first, then the legal
   representative for the state or for any other official or
   person detaining him. The legal representative for the
   person detained would then be heard in reply.
7. An order for the release of the person detained shall be
   made in clear and simple terms having regard to all
   circumstances.
8. (1) An application for a writ of habeas corpus ad
   testificadum or habeas corpus ad respondendum shall be
   made on affidavit.
   (2) An application for an order to bring up detainee,
   otherwise than by writ of habeas corpus, to give evidence
   in any cause or matter, civil or criminal, before any Court or
   tribunal shall be made on affidavit.

9. A writ of habeas corpus shall be as in form 24, 25 or 26 in the
   appendix whichever is appropriate.

II – Attachment for Contempt

10. (1) In cases where this rule applies, the procedure in
    applications for attachment for contempt of Court shall so
    far as may be applicable, apply to order for judicial review
    under Order 43.
    (2) The notice of motion shall be personally served unless
    the judge dispenses with such service.
    (3) This rule applies to cases where the contempt is
    committed:

(a) In connection with proceedings to which this Order relates;
(b) In connection with criminal proceedings;
(c) Subject to the provisions of the Sheriff and Civil
Process Act, any proceedings in the High Court, or where the contempt consists of disobedience to an order of the Court;
(d) In connection with proceedings in an inferior Court; but this rule shall not apply where the contempt is committed in facie curiae.

11. When an order enforceable by committal has been made
    against a judgment debtor, and if the order is for delivery of goods without the option of paying their value or is in the nature of an injunction, the Registrar shall when the order is drawn up immediately endorse it as follows:

Notice of Consequence of Disobedience to Court Order.
To………………………………………….of………………………
TAKE NOTICE that unless you obey the direction (s) contained in
this order you will be guilty of contempt of Court and will be liable
to be committed to prison.
Dated this………….day of………………………….. 20 ………….

……………………….
Registrar

12. Upon service of the application for committal issued in a
    case to which Rule 10 of this Order applies, the Respondent
    shall at least two (2) clear days before the return date stated
    in the application file a statement stating the reasons why
    an order for attachment should not be issued. The
    statement shall be verified by an affidavit deposed to by the
    respondent.
13. Every order of attachment issued in a case to which Rule 10
    of this Order applies shall be made returnable before the Judge. If a return of non est inventus (not found) is made, a subsequent order or orders may be issued on the return of the previous order.

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