CIVIL PROCEDURE — Pleadings — Counter-Claim — Cannot Be Predicated on Non-Existing Contract
Ratio Decidendi
Per Adekeye, JSC, in Bilante Int'l Ltd v. NDIC (2011) NLC-123-177-1996(SC) at p. 20; Paras A—B:
"In the cross-appeal, the respondent/cross-appellant cannot predicate a counter claim on a non-existing contract. It is trite law that you cannot build something on nothing."
Explanation / Scope
This principle establishes that a counter-claim cannot be based on a non-existing contract, as one cannot build something on nothing. The principle applies in counter-claims. It ensures that counter-claims are grounded in a valid contract. The principle reflects the requirement for a legal basis. It prevents claims without foundation. The court must require a valid contract. The principle provides guidance on counter-claims.