Order 34 FCT (Civil Procedure) Rules 2025

Order 34 of the Federal Capital Territory (FCT) High Court (Civil Procedure) Rules 2025 is about The Undefended List. It contains the following rules:

1. (1) Where an application in Form 1, as in the Appendix is
   made to issue a writ of summons in respect of a claim to
   recover a debt or liquidated money demand, supported by
   an affidavit stating the grounds on which the claim is
   based, and stating that in the deponent’s belief there is no
   defence to it, the judge in chambers, may enter the suit for
   hearing in what shall be called the “Undefended List”.
   (2) The judge in chambers, upon examining the claimant’s
   claim as endorsed on the writ being satisfied that the claim
   is not fit to be tried as an undefended suit, shall direct that
   the matter be transferred to the general Cause List for trial.
   (3) A writ of summons for a suit in the undefended list shall
   contain the return date of the writ.

2. A claimant shall deliver to the Registrar on the issue of the
   writ of summons, as many copies of the supporting
   affidavit, as there are parties against whom relief is sought,
   for service.
3. (1) Where a party served with the writ delivers to the
   Registrar within twenty-one (21) days before the day fixed
   for hearing, a notice in writing that he intends to defend the
   suit, together with an affidavit disclosing a defence on the
   merit; the Court, on the return date, may give him leave to
   defend upon such terms as the Court may deem just.
   (2) Where leave to defend is given under this Rule, the
   action shall be removed from the Undefended List and
   placed on the general Cause List; and the Court may order
   pleadings, or proceed to hearing without further
   pleadings.

4. Where a defendant neglects to deliver the notice of defence
   and an affidavit prescribed by Rule 3(1) or is not given
   leave to defend by the Court the suit shall be heard as an
   undefended suit and judgment given accordingly.
5. A Court may call for hearing or require oral evidence
   where it feels compelled at any stage of the proceedings
   under Rule 4.

[/membership]