LEGAL PRINCIPLE: CIVIL PROCEDURE — Counter-Claim — Failure to Testify or Lead Evidence Deemed Abandonment
PRINCIPLE STATEMENT
Where counsel for a party decides to throw in the towel on the reasoning that the case put forward is manifestly weak and nigh useless, and evidence shows there is nothing useful to further urge, the court should give judgment to the other side.
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
A party who fails to testify or lead evidence on a counter-claim is deemed to have abandoned it. Counsel’s implicit concession of weakness justifies judgment for the other side. The principle applies to civil procedure. The rule prevents parties from making claims they are unwilling or unable to prove. The court may enter judgment against a party who presents no evidence in support of its counter-claim.
