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be liable to default fees as provided in Order 48 Rule 4 of the Federal High Court (Civil Procedure) Rules 2019 and rescinded the 12th day of February, 2021 exemption.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