Order 20 FCT (Civil Procedure) Rules 2025

Order 20 of the Federal Capital Territory (FCT) High Court (Civil Procedure) Rules 2025 is about Default of pleadings. It contains the following rules:

1. If the claim is only for a debt or liquidated demand, and the
   defendant does not within the time allowed for the
   purpose, file a defence, the claimant may, at the expiration
   of such time, apply for final judgment for the amount
   claimed with costs.
2. Where in any such action as in Rule 1 of this Order there are
   several defendants, if one of them makes default, the
   claimant may apply for final judgment against the
   defendant(s) making default and issue execution upon such judgment without prejudice to his right to proceed with his action against the other defendants.

3. If the claim is for pecuniary damages or for detention of
   goods with or without a claim for pecuniary damages, and
   the defendant or all the defendants, if more than one, make
   default as mentioned in Rule 1 of this order, the claimant
   may apply to the Court for interlocutory judgment against
   the defendant(s) and the value of the goods and the
   damages, or the damages only as the case may be, shall be
   ascertained in any way which the Court may order.
4. Where in any such action as in Rule 3 of this Order there are
   several defendants, if one or more of them make default as
   mentioned in Rule 1 of this Order, the claimant may apply
   to the Court for interlocutory judgment against the
   defendant(s) so making default and proceed with his
   action against the others. In such case the value and
   amount of damages against the defendant(s) making
   default shall be assessed at the trial of the action or issues
   therein against the other defendants, unless the Court shall
   otherwise order.

5. Where the claim is for debt or liquidated demand and also
   for pecuniary damages or for detention of goods with or
   without a claim for pecuniary damages and includes a
   liquidated demand and any defendant makes default as
   mentioned in Rule 1 of this Order, the claimant may apply
   to the Court for final judgment for the debt or liquidated
   demand, and may also apply for interlocutory judgment
   for the value of the goods and damages, or the damages
   only as the case may be, and proceed as mentioned in Rules
   3 and 4.
6. In an action for the recovery of land, if the defendant makes
   default as mentioned in Rule 1, the claimant may apply for
   a judgment that the person whose title is asserted in the
   writ of summons shall recover possession of the land with
   costs.

7. Where the claimant has endorsed a claim for mesne profits
   or arrears of rent in respect of the premises claimed, or any
   part of them, or damages for breach of contract, wrong or
   injury to the premises claimed upon a writ for recovery of
   land, if the defendant makes default as mentioned in
   Rule1of this Order, or if there be more than one defendant
   and one or more of the defendants make such default, the
   claimant may apply for final judgment against the
   defaulting defendant or defendants and proceed as
   mentioned in Rules 3 and 4.
8. (1) If the claimant’s claim is for a debt or liquidated
   demand or for pecuniary damages only, or for detention of
   goods with or without a claim for pecuniary damages, or
   for any such matters, or for the recovery of land, and the
   defendant files a defence which purports to offer an answer
   to part only of the claimant’s alleged cause of action, the
   claimant may apply for judgment, final or interlocutory, as
   the case may be, for the part unanswered. The unanswered
   part consists of a separate cause of action or is severable
   from the rest, as in the case of part of a debt or liquidated
   demand;
   (2) Where there is a counterclaim, execution on any such
   judgment as above mentioned in respect of the claimant’s
   claim shall not issue without leave of the Court.

9. In all actions other than those in the preceding rules of this
   Order, if the defendant makes default in filing a defence,
   the claimant may apply to the Court for judgment, and
   such judgment shall be given upon the statement of claim
   as the Court shall consider the claimant to be entitled to.
10. Where in any such action as provided in Rule 9 of this
    Order, there are several defendants, if one of such
    defendants makes such default, the claimant may apply for
    judgment against the defendant, and proceed against the
    other defendants.

11. In any case in which issues arise in a proceeding other than
    between claimant and defendant, if any party to any such
    issue makes default in filling any pleadings, the opposing
    party may apply to the Court for judgment, if any, on the
    pleadings he may appear to be entitled to, and the Court
    may order judgment to be entered accordingly or may
    make such other order as may be necessary to do justice
    between the parties.
12. Any judgment by default under this Order may be set aside
    upon application made within 14 days of the date of the
    judgment and upon such terms as the Court may deem fit.

[/membership]