Order 54 FCT (Civil Procedure) Rules 2025
Order 54 of the Federal Capital Territory (FCT) High Court (Civil Procedure) Rules 2025 is about Foreclosure and Redemption. It contains the following rules:
- Any mortgagor or mortgagee, whether legal or equitable,
or any person entitled to or having property subject to a
legal or equitable charge, or any person having the right to
foreclose or redeem any mortgage, whether legal or
equitable, may take out an originating summons, for such
relief of the nature or kind following as may be specified in
the summons, and as the circumstances of the case may
require; that is
(a) Payment of moneys secured by the mortgage or
charge;
(b) Sale;
(c) Foreclosure;
(d) Delivery of possession whether before or after
foreclosure to the Mortgagee or person entitled
to the charge by the mortgagor or person having
the property subject to the charge, or by any
other person in, or alleged to be in possession of
the property;
(e) Redemption;
(f) Reconveyance; and
(g) Delivery of possession by the mortgagee.
- Orders for payment and for possession shall be as in Forms
39, 40 and, 41 of these Rules with such variations as the
circumstances of the case may require, and similar forms
shall be used under corresponding circumstances in
actions for similar relief commenced by writ.
- The Court may give any special directions concerning the
execution of the judgment, or the service to persons not
parties to the cause or matter as he deems fit.
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