Introduction
A counter-claim is a powerful tool available to defendants in civil litigation. It allows the defendant not just to defend against the plaintiff’s claim but to assert their own claims against the plaintiff — and sometimes even against additional parties — in the same proceedings. Nigerian courts have clarified through various decisions what makes a counter-claim valid and how it should be raised and proved.
Below are insights from notable Court of Appeal decisions illustrating the key principles.
Properly Raising a Counter-Claim in the Statement of Defence
In Bani Mbaka Investment Ltd & Anor v. Mikap (Nig) Ltd (2023) LPELR-59612(CA), the Court explained that where a defendant wishes to rely on facts in support of a counter-claim, they must specifically state so in their statement of defence. The rules require that the counter-claim be set out in numbered paragraphs, prefixed with the heading “Counter-Claim,” and clearly separated from the defence to the main claim.
Even if the defendant omits the heading but otherwise properly pleads the facts and intention to counter-claim, it remains valid. (See also Benin Rubber Producers Co-operative Union Ltd v. Ojo & Anor and Udofel Ltd & Anor v. Skye Bank Plc.)
When the Counter-Claim Involves Other Parties
In Abdulkarim v. Alu & Ors (2025) LPELR-80145(CA), the Court noted that if a counter-claim involves issues between the defendant and the plaintiff as well as other persons not already parties to the action, the defendant must add a further title to reflect all the relevant parties and serve the defence/counter-claim on those additional parties too.
If the counter-claim involves only the plaintiff, then the standard separation and heading within the statement of defence are sufficient.
A Counter-Claim Must Stand on Its Own Merit
It’s a common misconception that if the main claim fails, the counter-claim automatically succeeds. In Orah v. Tanko (2021) LPELR-56301(CA), the Court emphasized that a counter-claim is an independent action. Its success depends on the strength of the defendant’s own evidence, not on the weakness of the plaintiff’s case (JERIC Nig. Ltd v. Union Bank of Nigeria was cited in support).
Nature of a Counter-Claim
In Chan Foods (Nig) Ltd & Anor v. FBN Plc & Ors (2025) LPELR-80835(CA), the Court reiterated that a counter-claim is essentially a cross-action, distinct and independent from the main claim, though heard together for convenience. It must be proved with credible evidence, just like any claim filed by a plaintiff.
Evidence in Support of a Counter-Claim
The question arose in Ajeniya & Anor v. Broadline Water Well Ltd & Anor (2023) LPELR-60909(CA) whether a counter-claim requires a separate witness statement on oath. The Court clarified that since the counter-claim is incorporated into the statement of defence, the witness deposition supporting the defence can also support the counter-claim. The failure to file a separate deposition does not render the counter-claim incompetent or abandoned.
Judgment on a Counter-Claim
In Tasiu (A.T.S) v. Sammani (2019) LPELR-49189(CA), the Court addressed whether a counter-claim requires a separate written judgment. It held that while a counter-claim is a separate and independent claim, it does not need a separate judgment document. It suffices that the Court evaluates the evidence for both claims and delivers a reasoned decision covering both.
Key Takeaways
✅ Always clearly plead and separate your counter-claim in the statement of defence.
✅ If it involves third parties, include them properly in the title and serve them.
✅ The success of a counter-claim depends on the defendant’s evidence, not the failure of the plaintiff’s claim.
✅ A counter-claim is a distinct action but is heard and decided together with the main claim.
✅ Witness depositions supporting the defence can also support the counter-claim.
✅ The judgment must address the counter-claim but does not have to be in a separate document.
Disclaimer
This blog post is for informational purposes only and does not constitute legal advice. Readers are encouraged to consult a qualified legal practitioner for advice specific to their circumstances and jurisdiction.
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