LEGAL PRINCIPLE: CIVIL PROCEDURE — Counter-Claim — Failure to Testify or Lead Evidence Deemed Abandonment
PRINCIPLE STATEMENT
Where a counsel decides that the party's case is so manifestly weak and there is nothing useful to urge on the court, the court should give judgment to the other side. Failure to testify or lead evidence on a counter-claim amounts to abandonment.
RATIO DECIDENDI (SOURCE)
Per Pats-Acholonu, JSC, in Mainagge v. Gwamma (2004) NLC-191998(SC) at p. 7; Paras D–E.
"I hold that where a counsel for a party decides to throw in the towel on a reasoning that the case put forward by the party he represents is so manifestly weak and nigh useless and the evidence shows that there is nothing useful to further urge on the court, the court seised with proceedings should give judgment to the other side."
EXPLANATION / SCOPE
Failure to lead evidence on a counter-claim constitutes abandonment. The principle applies to civil procedure. The court may enter judgment for the other party. The rule prevents wasted proceedings. The party must adduce evidence. The principle is well-established.
