COUNTER CLAIM TO COUNTER CLAIM. HOW LAWFUL.

BY SAM ATOE, ESQUIRE

Did you know that as a Claimant/Plaintiff, you can file a counterclaim to the Defendant's counterclaim?

You can!

The Supreme Court has stated this position on two occasions. Firstly in 1992 in the case of OGBONNA v. AG OF IMO STATE & ORS (1992) LPELR-2287(SC), the Supreme Court Per PHILIP NNAEMEKA-AGU, JSC (Pp 33 - 33 Paras B - G) stated as follows:

"I believe it has been settled by several decided cases that a counter-claim is to all intents and purposes a separate action, although the defendant, for convenience and speed, usually joins it with his defence where a court so grants leave. Indeed, not only can a defendant apply for summary judgment on his counter-claim but also a plaintiff may counter-claim on defendant's counter-claim. (see Renton Gibbs & Co. v. Neville (1990) 2 Q.B. 818)"

Similarly, in 2003, the Supreme Court restated the above position, this time in the case of USMAN V. GARKE (2003) LPELR-3431(SC). This is what the apex court, Per EJIWUNMI, J.S.C. (P. 22, paras. A-B), had to say as regards whether you can file a counter claim to a counter claim:

"A counter-claim is to all intents and purposes a separate action, although the defendant, for convenience and speed, usually joins it with his defence where a court so grants leave. Indeed, not only can a defendant apply for summary judgment on his counter-claim but also a plaintiff may counter-claim on defendant's counter- claim."

There, you have it. This may become handy especially when a claim has been struck out and the court refuses a relisting, and there is a pending counter claim.

Argue your way to success.

SAM ATOE

for Law Diary and Sam Atoe & Company

12/01/21