New Federal High Court Practice Direction Reintroduces Default Fee for Fundamental Right Enforcement Actions


A new Practice Direction issued on Tuesday, 26th of October, 2021 by the Chief Judge of the Federal High Court, Honourable Justice J.T Tsoho has reintroduced payment of default fee for late filing of processes in Fundamental Human Right Enforcement actions.

Recall that by a circular dated 12th February,  2021, payment of default fees for late filing of processes in fundamental right enforcement proceedings were exempted.

The Practice Direction provides that – any  process  filed  outside  the time  provided  for in the Fundamental   Rights (Enforcement    Procedure)    Rules,  2009,   shall    be  liable  to   default   fees  as provided  in Order 48 Rule 4 of the Federal   High Court (Civil Procedure)   Rules 2019 and rescinded the 12th day of February,  2021  exemption.

The Fundamental Right Enforcement Procedure Rules has no provision with regards to extension or enlargement of time within which to file processes, however Order XV Rule 4 allows for the Civil Procedure Rules of any Court  to apply where any situation arises for which there is or appears to be no adequate provision in the Rules,

Download the Practice Direction below

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