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COUNTER CLAIM – BE RELATED TO THE PRINCIPAL CLAIM

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A counter claim to quote from Bairamien, JSC in Oyegbola v. Esso WA (1966) 1 All NLR 170 is a weapon of offence which enables a defendant to enforce a claim against the plaintiff as effectively as in an independent action. The counter-claim must be directly related to the principal claim but not outside of and independent of the subject matter of the claim. – Niki Tobi JSC. Okonkwo v. Cooperative Bank (2003)

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claim, counter-claim

NATURE OF A COUNTER CLAIM

By our practice, a counter-claim is clearly marked “COUNTER-CLAIM” and the defendant, who in his apparently changed status of plaintiff, avers in numbered paragraphs his claim which finally ends in the relief or reliefs sought. A counter-claim, though related to the principal action, is a separate and independent action and our adjectival law requires that it must be filed separately. The separate and independent nature of a counter-claim is borne out from the fact that it allows the defendant to maintain an action against the plaintiff as profitably as in a separate suit. It is a weapon of defence which enables the defendant/to enforce a claim against the plaintiff as effectually as an independent action. As a matter of law, a counter-claim is a cross action with its separate pleadings, judgment and costs. It is almost in a world of its own. But a counter-claim cannot be inconsistent with the plaintiff’s claim in the sense that it cannot erect a totally different case from that of the plaintiff.

– Niki Tobi JSC. Okonkwo v. Cooperative Bank (2003)

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WHEN MAIN CLAIM IS WITHDRAWN, THE COUNTERCLAIM BECOMES THE MAIN CLAIM

I agree with the Respondent’s argument that having withdrawn his claim, the Respondent only defended the suit and the Appellant being the claimant has the onus to prove his claims before the trial Court to entitle him to the reliefs he sought including perpetual injunction. In fact, in my view, it is a wrong nomenclature used to refer to the Appellant’s claim as a “counter claim” especially as it was filed after the Respondent’s initial claim was withdrawn and struck out, which fact was stated/admitted by the Appellant in paragraphs 5.1 to 5.2 of his brief of argument and in item 3 of his summary of facts in paragraph of the said brief … This proposition/contention is wrong in law because the withdrawal of the suit by the Respondent before leave was granted to the Appellant to “counter claim” means that there was no claim the Respondent was prosecuting. His claim was struck out and therefore only the claim of the Appellant remains and the role of the Appellant in that suit was the claimant while the Respondent became de facto and de jure the defendant of the suit and ought to be addressed as such.

— B.B. Aliyu, JCA. Oboh v. Oboh (2021) – CA/B/372/12

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TERMS OF SETTLEMENT MUST RELATE TO PLAINTIFFS CLAIM BEFORE IT CAN BE ENFORCED

I respectfully share the same view with the learned counsel for the 2nd – 14th respondents that jurisdiction of the court to enter judgment in accordance with the terms of settlement reached by parties is circumscribed by the claims filed before the court. If the terms of settlement are not within the purview of the plaintiff’s claim, it will be difficult for the court to allow filling of the terms, which will form the basis of the court judgment. The judgment of the court must reflect the claims before the court. This is so because it is a well settled principle that the court has no jurisdiction to grant a relief that has not been claimed.

— S. Galadima, JCA. Jadesimi & Anor. v. Egbe (2003)

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STATEMENT OF CLAIM IS NOT EVIDENCE; PARTY MUST LEAD EVIDENCE

The Statement of Claim of the plaintiff and co-plaintiffs was not evidence before the court of trial. Failure to lead evidence in line with their pleadings means simply this:- that the claim must fail.

— Katsina-Alu JSC. Chime v Chime (2001) – SC 179/1991

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NATURE OF COUNTER-CLAIM

A counter-claim connotes a claim for relief asserted against an opposing party after an original claim has been made, that is a defendants claim in opposition to or as a set-off against the plaintiffs claim, see Maobison Inter-Link Ltd. v. U.T.C. (Nig.) Plc. (2013) 9 NWLR (Pt. 1359) 197 at 209, per Ariwoola, JSC. It is settled law, beyond any per adventure of doubt, that a counter-claim is an independent and separate action triable with the main claim for reason of convenience. Like the main claim, it must be proved by the counter-claimant in order to earn the favour of the Court, see Ogbonna v. A.G., Imo State (1992) 1 NWLR (Pt. 220) 647; Nsefik & Ors. V. Muna & Ors. (2013) vol. 12 MJSC (Pt. 1) 116; Anwoyi v. Shodeke (2006) 13 NWLR (Pt. 996) 34; Bilante Intl Ltd v. NDIC (2011) 15 NWLR (Pt. 1270) 407; Kolade v. Ogundokun (2017) 18 NWLR (Pt. 1596) 152.

— O.F. Ogbuinya, JCA. Impact Solutions v. International Breweries (2018) – CA/AK/122/2016

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FAILURE TO FILE A DEFENCE TO A COUNTER-CLAIM MAY NOT BE DAMAGING

Besides, the lower Court declared the respondent victorious in its main claim. In the sight of the law, failure of a plaintiff to file a defence to a counter-claim may not be damaging or disastrous if he succeeds in his claim. The success may afterall render useless the counter-claim, Maobison Inter-Link Ltd. v. U.T.C. (Nig.) Plc. (supra), at 209, per Ariwoola JSC. This, to all intents and purposes, punctures the appellants seemingly dazzling argument on the issue.

— Impact Solutions v. International Breweries (2018) – CA/AK/122/2016

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