Order 42 FCT (Civil Procedure) Rules 2025
Order 42 of the Federal Capital Territory (FCT) High Court (Civil Procedure) Rules 2025 is about Judgment and Orders. It contains the following rules:
- The Court shall deliver judgment in open Court.
- Where any judgment is pronounced by the Court the
judgment shall be dated the day on which such judgment is
pronounced and shall take effect from that date unless the
Court otherwise orders.
- The Court at the time of making any judgment or order or
at any time afterwards, may direct the time within which
the payment is to be made or other act is to be done,
reckoned from the date of the judgment or order, or from
some other point of time, as the Court may deem fit and
may order interest at a rate not more than 10% per annum
to be paid upon any judgment. - Every judgment or order made in any cause or matter
requiring any person to do an act shall state the time or the
time after service of the judgment or order, within which
the act is to be done.
- In any cause or matter where the defendant has appeared
by legal practitioner, no order for entering judgment shall
be made by consent unless the consent of the defendant is
given by his legal practitioner or agent. - Where the defendant has no legal practitioner, such order
shall not be made unless the defendant gives his consent in
person in the open Court. - Every order shall bear the date on which it was made
unless the Court otherwise directs and shall take effect
accordingly.
- (1) Where an order has been made not embodying any
special terms, or special directions, but simply enlarging
time for taking any proceedings or doing any act or giving
leave for –
(a) The issuance of any writ other than a writ of
attachment;
(b) The amendment of any writ or pleading;
(c) The filing of any document; or
(d) Any act to be done by any officer of the Court other
than a legal practitioner, it shall not be necessary to
draw up such order unless the Court otherwise
directs; but the production of a note or
memorandum of such order signed by a Judge shall
be sufficient authority for such enlargement of
time, issuance, amendment, filing or other act.
(2) A direction that the costs of such order shall be cost in
any cause or matter shall not be deemed to be special
direction within the meaning of this Rule.
- An order shall be sealed, and shall be marked with the
name of the Judge by whom it is made.
Leave a Reply