Order 43 FCT (Civil Procedure) Rules 2025
Order 43 of the Federal Capital Territory (FCT) High Court (Civil Procedure) Rules 2025 is about Application for Judicial Review. It contains the following rules:
- (1) An application for:
(a) An order of mandamus, prohibition or certiorari;
or
(b) An injunction restraining a person from acting in
any office in which he is not entitled to act shall
be made by way of an application for judicial
review in accordance with the provisions of this
Order.
(2) An application for a declaration or an injunction (not
being an injunction in rule (1)(b) of this Rule) may be made
by way of an application for judicial review and the Court
may grant the declaration or injunction if it deems it just
and convenient, having regard to:
(a) The nature of the matters which relief may be
granted by way of an order of mandamus,
prohibition or certiorari;
(b) The nature of the person and bodies against
whom relief may be granted by way of such an
order;
(c) All the circumstances of the case.
- On an application for judicial review any relief mentioned
in Rule 1 may be claimed as an alternative or in addition to
any other relief so mentioned if it arises out of, relates to or
is connected with the same matter. - (1) No application for judicial review shall be made unless
the leave of the Court has been obtained in accordance with
this rule.
(2) An application for leave shall be made ex-parte to the
Court and shall be supported by:
(a) A statement setting out the name and description
of the application, the reliefs and the grounds on which they are sought;
(b) An affidavit verifying the facts relied on; and
(c) A written address in support of application for leave.
(3) The Court hearing an application for leave may allow
the applicant’s statement to be amended, whether by
specifying different or additional grounds of relief or
otherwise on such terms, if any, as he deems fit.
(4) The Court shall not grant leave unless he considers that
the application has a sufficient interest in the matter to
which the application relates.
(5) Where leave is sought to apply for an order of certiorari
to remove for the purpose of its being quashed any
judgement, order, conviction or proceedings which is
subject to appeal and a time is limited for the bringing of the
appeal, the Court may adjourn the application for leave
until the appeal is determined or the time for appealing has
elapsed.
(6) Where leave to apply for judicial review is granted, then:
(a) If the relief sought is an order of prohibition or certiorari and the Court so directs, the grant shall operate as a stay of the proceedings to which the
application relates until the determination of the application or until the Court otherwise orders;
(b) If any other relief is sought, the Court may at any time grant in the proceedings such interim relief as could be granted in an action commenced by writ;
(c) The Court may impose such term as to cost and as to giving security as he deems fit.
- An application for judicial review shall be brought within 3
months of the date of occurrence of the subject of the
application.
- (1) where leave has been granted and the Court directs, the
application may be made by motion or by originating
summons.
(2) The notice of motion or summons shall be served on all
persons directly affected and where it relates to any
proceedings before the Court and the object of the
application is either to compel the Court or its officer to do
any act in relation to the proceedings, or to quash them or
any order made. The notice or summons shall be served on
the clerk or Registrar of the Court and where any objection
to the conduct of the Court is to be made, on the Court.
(3) The motion or summons shall be fixed for hearing
within 14 days of the grant of leave.
(4) If on the hearing of the motion or summons the Court is
of the opinion that any person who ought, whether under
this rule or otherwise, to have been served has not been
served, the Court may adjourn the hearing on such terms, if
any, as it may direct in order that the notice or summons
may be served on that person.
- (1) Copies of the statement in support of an application for
leave under Rule 3 shall be served with the notice of motion
or summons and subject to sub-rule 2, no grounds shall be
relied upon or any relief sought at the hearing except the
grounds and reliefs set out in the statement.
(2) The Court may on the hearing of the motion or
summons allow the applicant to amend his statement
whether by specifying different or additional grounds of
relief or otherwise, on such terms, if any, as he deems fit
and may allow further affidavits to be used if they deal
with new matters arising out of an affidavit of any other
party to the application.
(3) Where the applicant intends to ask to be allowed to
amend his statement or to use further affidavits, he shall
give notice of his intentions and of any proposed
amendment to every other party.
(4) Each party to the application shall supply to every other
party a copy of every affidavit which he proposes to use at the hearing including, in the case of the applicant, the affidavit in support of the application for leave under Rule 3.
- On an application for judicial review the Court may,
subject to Rule 2, award damages to the applicant if:
(a) He has included in the statement in support of his
application for leave under Rule 3 a claim for damages
arising from any matter to which the application relates;
and
(b) The Court is satisfied that if the claim had been made in
an action commenced by the applicant at the time of
making his application, he could have been awarded
damages. - Any interlocutory application in proceedings on an
application for judicial review may be made to the Court.
- (1) On the hearing of any motion or summons under Rule 5,
any person who desires to be heard on the motion or
summons, and appears to the Court to be a proper person
to be heard, shall be heard notwithstanding that he has not
been served with notice of the motion or the summons.
(2) Where the reliefs sought is or includes an order of
certiorari to remove any proceedings for the purpose of
quashing them, the applicant may not question the validity
of any order, warrant, commitment, conviction, inquisition
or record unless before the hearing of the motion or
summons he:
(a) Has filed a copy of such verified by
affidavit or
(b) Account for his failure to do so to the
satisfaction of the Court hearing the motion
or summons.
(3) Where an order of certiorari is made in any such case as
is referred to in sub-rule 2, the order shall, subject to subrule 4, direct that the proceedings shall be quashed
immediately on their removal into Court.
(4) Where the relief sought is an order of certiorari and the
Court is satisfied that there are grounds for quashing the
decision to which the application relates, the Court may, in
addition to quashing it, remit the matter to the Court,
tribunal or authority concerned with a direction to
reconsider it and reach a decision in accordance with the
findings of the Court.
(5) Where the relief sought is a declaration, an injunction or
damages and the Court considers that it should not be
granted on an application for judicial review but might
have been granted if it had been sought in an action begun
by writ by the applicant at the time of making his
application, the Court may, instead of refusing the
application, order the proceedings to continue as if they
had been commenced by writ.
- No action or proceedings shall be brought or prosecuted
against any person for anything done in obedience to an
order of mandamus. - Where there is more than one application pending against
several persons in the same matter and on the same
grounds, the Court may order the applications to be
consolidated.
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