LEGAL PRINCIPLE: CIVIL PROCEDURE — Counter-Claim — Failure to File Reply — Effect
PRINCIPLE STATEMENT
A reply to a counter-claim becomes necessary only if the counter-claim raises a fresh or new issue. Where the issues raised are already covered by the statement of claim, a reply is otiose.
RATIO DECIDENDI (SOURCE)
Per Tobi, JSC, in Usman v. Garki (2003) NLC-1411999(SC) at p. 19; Paras A–B.
"A reply to a counter-claim becomes necessary if the counter-claim raises a fresh or new issue. Where the counter-claim has not raised a fresh or new issue, a reply is not necessary. In other words, where the issues raised in the counter-claim are already covered by the statement of claim, a reply is otiose."
EXPLANATION / SCOPE
A reply is only required for new issues in a counter-claim. The principle applies to civil procedure. Failure to file a reply does not automatically admit the counter-claim. The rule promotes efficiency. The court will examine whether new issues are raised. The principle is well-established.