Order 36 FCT (Civil Procedure) Rules 2025

Order 36 of the Federal Capital Territory (FCT) High Court (Civil Procedure) Rules 2025 is about Summary proceedings for possession of landed Property occupied by squatters or without the owner’s consent. It contains the following rules:

1. (1) This order shall not apply where the person in
   occupation of land is:
   (a) A tenant; or
   (b) A tenant holding over after termination of his
   tenancy; or
   (c) A licensee of the owner or person entitled to
   possession; or
   (d) A person who had the consent of the
   predecessor in title of the person who is
   entitled to possession.
   (2) Where a person claims possession of land which he alleges is occupied solely by a person not listed in sub-rule 1 above, proceedings may be brought by originating summons in accordance with the provisions of this Order.

2. The originating summons shall be as in Form 42 and no
   acknowledgement of service shall be required.

3. The claimant shall file in support of the originating
   summons an affidavit stating;
   (a) His interest in the land supported by
   documentary evidence;
   (b) The circumstances in which the land has been
   occupied without licence or consent and in
   which his claim to possession arises; and
   (c) That he does not know the name of any person
   occupying the land who is not named in the
   summons.
4. (1) Where any person in occupation of the land is named in
   the originating summons, the summons together with a copy of the affidavit and accompanying documents in support shall be served on him:

(a) Personally or in accordance with Order 9 Rule 1
sub-rule 2; or
(b) By leaving a copy of the processes at the
premises; or
(c) In such other manner as the Court may direct.
(2) The summons shall, in addition to being served on the named defendants, if any, in accordance with sub-rule 1 of this rule be served, unless the Court otherwise directs by affixing a copy of the processes to the main door or other conspicuous part of the premises.
(3) Every copy of an originating summons for service under sub-rule 1 or 2 of this rule shall be sealed with the seal of the Court from which the summons was issued.

5. Without prejudice to rule 16 of order 13, any person not
   named as a defendant who is in occupation of the land and
   wishes to be heard on the question whether an order for
   possession should be made may apply at any stage of the
   proceedings to be joined as a defendant.
6. (1) An order for possession in proceedings under this order
   shall be as in Form 43 with such variations as circumstances
   may require.
   (2) The Court may forthwith order a writ of possession to
   issue.
   (3) Nothing in this Order shall prevent the Court from
   ordering possession to be given on a specified date, in the
   exercise of any power which could have been exercised if
   possession had been claimed in an action commenced by
   writ.
7. (1) No writ of possession to enforce an order for possession
   under this order shall be issued after the expiration of 3 months from the date of the order without the leave of the Court.
   (2) The application for leave may be made ex parte unless the Court otherwise directs.

8. (1) The Court may, on such terms as it deems fit, set aside or
   vary any order made in proceedings under this Order
   (2) In this order “landed property” means land with or
   without building.

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