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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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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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

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NO CLAIM NO AWARD BY COURT

And no court has the power to award to a party what he has not claimed. – Chukwuma-Eneh JSC. Yaro v. Arewa CL (2007)

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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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A REPLY TO STATEMENT OF DEFENCE MUST NOT CONTAIN ANY NEW CLAIM

Adeniji v. Fetuga (1990) 5 WLR (Pt. 150) 375 this Court per Akanbi J.C.A. (as he then was) held thus:- “A reply is the Plaintiff’s answer or response to any issue raised by the Defendant in his defence and which the Plaintiff seeks to challenge, deny or admit or object to either or ground of law or a mis-statement of the cause of action and it is not permissible in a reply to the defence to raise a new cause of action not set out in the writ of summons, for a Plaintiff must not in his reply make any allegation of fact or raise any new ground of claim different from what is contained in his statement of claim.”

COUNTER CLAIM – BE RELATED TO THE PRINCIPAL CLAIM

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NATURE OF COUNTER-CLAIM

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A COUNTERCLAIM IS A SEPARATE AND DISTINCT ACTION

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WHEN MAIN CLAIM IS GRANTED, ALTERNATIVE CLAIM CANNOT BE GRANTED

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NO CLAIM NO AWARD BY COURT

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STATEMENT OF CLAIM IS NOT EVIDENCE; PARTY MUST LEAD EVIDENCE

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A REPLY TO STATEMENT OF DEFENCE MUST NOT CONTAIN ANY NEW CLAIM

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