Order 30 FCT (Civil Procedure) Rules 2025

Order 30 of the Federal Capital Territory (FCT) High Court (Civil Procedure) Rules 2025 is about Motions and other Applications. It contains the following rules:

1. (1) Whereby in this Rules any application is authorised to
   be made to the Court, it shall be made by motion which
   may be supported by affidavit and shall state the rule of
   Court or enactment under which the application is
   brought.
   (2) Every application shall be accompanied by a written
   address.
   (3) Where the other party intends to oppose the
   application, he shall within 7 days of the service on him of
   such application, file his written address and may
   accompany it with a counter affidavit.
   (4) The applicant may within 5 days of being served with
   the written address of the opposing party file and serve an
   address in reply on points of law with an affidavit.

2. No motion or application for an Order nisi or order to show
   cause shall be made in any action except where application
   ex-parte is required or permitted under any enactment or
   rules.
3. (1) No application for an injunction shall be made ex-parte
   unless the applicant files with it a motion on notice of the
   application.
   (2) An order of injunction made upon application ex-parte shall abate after 7 days unless extended for a further period, as the Court may consider imperative, upon application ex-parte before the abatement of the Order.

4. The Court may deal with non-contentious applications in
   chambers with or without the appearance of counsel and
   may deem the written addresses as having been adopted.
5. (1) Subject to the provisions of Arbitration Proceedings
   Rules made pursuant to the Arbitration and Mediation Act,
   every motion on notice to set aside, remit or enforce an
   arbitral award shall state the grounds of the application.
   (2) The party relying on an award, on applying for its enforcement, shall provide:
   (a) The duly authenticated original award or a certified copy;
   (b) The original arbitration agreement or a certified copy
   (3) An award made by an arbitrator or a settlement reached at the Abuja Multi-Door Courthouse or at any lawfully recognised ADR institution may by leave of the Court be enforced in the same manner as a judgment or order of
   Court.
   (4) An application to set aside or remit an award may be made within 3 months after such award was published.

6. Unless the Court grants special leave to the contrary, there
   must be at least 2 clear days between the service of motion
   on notice and the day for hearing.
7. If on the hearing of a motion or other application the Court
   shall be of the opinion that any person to whom notice has
   not been given ought to have had such notice, the Court
   may either strike out the motion or application or adjourn
   the hearing in order that such notice may be given upon
   such terms, if any, as the Court may deem it fit to impose.
8. The hearing of any motion or application may from time to time be adjourned upon such terms, as the Court shall deem fit. An application for adjournment at the request of a party shall not be made more than two times.

9. The claimant may file any application along with an
   originating process and may serve both on any defendant
   simultaneously.
10. Where the relationship of legal practitioner and client
    exists or has existed, a summons may be issued by the client
    or his representative for the delivery of a cash account, the
    payment of moneys or the delivery of securities, and a
    judge may from time to time order the respondent to
    deliver to the applicant a list of the moneys or securities
    which he has in his custody or control on behalf of the
    applicant or to bring into Court the whole or any part of the
    same, within such time as the judge may order. In the event
    of the respondent alleging that he has a claim for costs, the
    Court may make such provision for the taxation and the
    payment or security or the protection of the respondent’s
    lien (if any) as he may deem fit.

11. If during the taxation of any bill of costs or the taking of any
    account between legal practitioner and client, it appears to
    the taxing officer that there must be any event moneys due
    from the legal practitioner to the client, the taxing officer
    may from time to time make an interim certificate as to the
    amount so payable by the legal practitioner. Upon the
    filling of such certificate, the Court may order the moneys
    so certified to be forthwith paid to the client or brought into
    Court.

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