LEGAL PRINCIPLE: CIVIL PROCEDURE — Counter-Claim — Proof Required — Not Automatic Upon Failure to File Reply
PRINCIPLE STATEMENT
A counter-claim does not automatically succeed merely because a reply was not filed. A counter-claim, like the main claim, must be proved on the balance of probability. Where the defendant fails to prove his counter-claim, it stands dismissed.
RATIO DECIDENDI (SOURCE)
Per Tobi, JSC, in Usman v. Garki (2003) NLC-1411999(SC) at p. 19; Paras B–C.
"A counterclaim does not automatically succeed merely because a reply was not filed. A counter-claim like the main claim or the plaintiff's claim, must be proved on the balance of probability as any other civil matter. Where the defendant fails to prove his counter-claim, his action stands dismissed and will be dismissed."
EXPLANATION / SCOPE
Failure to file a reply does not prove the counter-claim. The defendant must adduce evidence. The principle applies to civil procedure. The counter-claim must be proved on the balance of probabilities. The rule protects the plaintiff from unsubstantiated claims. The court will dismiss unproven counter-claims. The principle is well-established.