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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A COUNTERCLAIM IS A SEPARATE AND DISTINCT ACTION

A counter-claim is a separate, independent and a distinct action. The counter-claimant must prove his claim before he can obtain Judgment. See JERIC NIG. LTD v. UNION LPELR SC 72/1998; (2000) 15 NWLR (Pt. 691) 447; R. Benkay Nig. Ltd. v. Cadbury (Nig) PLC (2006) 6 NWLR (Pt. 576) 338s.

— M.A. Danjuma JCA. Folorunsho Ogboja v. Access Bank Plc (CA/AK/38/2013, 18 MAY 2015)

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SETTING UP A COUNTER CLAIM

The procedure for setting up a counter-claim is well established in law. It is the usual practice to commence a counter-claim immediately after the defence. It could be on the same page with the defence or on a fresh or separate page. There is no rule of the thumb. It depends upon the state of the individual pleadings. The important thing is that it should follow immediately after the defence and that is the meaning of the conjunction “and” found in most rules of court.

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

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FAILURE TO FILE REPLY TO COUNTERCLAIM IS NOT ADMISSION OF THE COUNTERCLAIM

I had in this Judgment, noted as did the court below, that the Appellant, never filed any defence or reply to the counter-claim (even on his admission), it was “irregularly” filed. I am aware however, and this is also settled, that where a plaintiff fails to or neglects to file a defence or a Reply to a counter-claim, it is of no moment and it is not fatal to the claim. This is because, if the Plaintiff succeeds in his claim, the counter-claim is useless. See the case of Dabup v. Kola (1993) 9 NWLR (Pt.317) 254 @ 270, 281; (1993) 12 SCNJ.1. It is not that the plaintiff is deemed to admit the counter-claim as stated at page 166 of the Records by the court below. It is only so, where it relates to the failure of the defendant, to file a Statement of Defence. In that case, all material facts alleged in the Statement of Defence, are put in issue. See the case of Akeredolu v. Akinremi (1989) 3 NWLR (Pt.108) 164@ 172; (1989) 5 SCNJ. 71- per Kawu JSC, referred to in the case of Obot v. Central Bank of Nigeria (1993) 8 NWLR (Pt.310) 140 @ 162; (1993) 9 SCNJ. (Pt. II) 268. See also T. A. Aguda paragraph 109 page 101 – 102 Practice and Procedure in Civil Actions in the High Court of Nigeria.

— F. Ogbuagu, JSC. Akpaji v. Udemba (2009) – SC.247/2002

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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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WHEN MAIN CLAIM IS GRANTED, ALTERNATIVE CLAIM CANNOT BE GRANTED

When a party as in this case, the Plaintiff/1st Respondent made claims the in alternative, she is saying that she wants either of her reliefs. So any of the claims granted suffices for the purpose of satisfying her claim. When a Court grants the main claim, the alternative claim would no longer be considered. When the main claim fails, the alternative claim must be considered, and if found proved the Court should grant it as the Court of Appeal did in this Appeal.

— O. Rhodes-Vivour, JSC. Bakari v. Ogundipe (2020) – SC.514/2015

COUNTER CLAIM – BE RELATED TO THE PRINCIPAL CLAIM

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STATEMENT OF CLAIM IS NOT EVIDENCE; PARTY MUST LEAD EVIDENCE

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A COUNTERCLAIM IS A SEPARATE AND DISTINCT ACTION

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SETTING UP A COUNTER CLAIM

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FAILURE TO FILE REPLY TO COUNTERCLAIM IS NOT ADMISSION OF THE COUNTERCLAIM

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

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WHEN MAIN CLAIM IS GRANTED, ALTERNATIVE CLAIM CANNOT BE GRANTED

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