LEGAL PRINCIPLE: CIVIL PROCEDURE — Pleadings — Counter-Claim — Vexatious and Oppressive Claims — Duty of Court to Discourage
PRINCIPLE STATEMENT
Where a counter-claim has no basis, it is vexatious and oppressive, meant to harass the respondent. Such an action should be discouraged by the court.
RATIO DECIDENDI (SOURCE)
Per Ogwuegbu, JSC, in Underwater Engineering Co. Ltd. v. Dubefon (1995) NLC-41992(SC) at pp. 10–11; Paras. D–A.
"Since the courts below found that the respondent did not absent himself from work without good cause, there was no basis for the counter-claim. It was rightly dismissed. It was also vexatious and oppressive having regard to all the circumstances of the case. It was meant to harass the respondent. Such an action should be discouraged."
EXPLANATION / SCOPE
Vexatious counter-claims should be dismissed. The court has a duty to discourage oppressive litigation. The principle applies to all counter-claims. The party must have a genuine basis. The rule protects parties from harassment. The court may award costs to discourage vexatious claims. The principle promotes fair litigation. The court will examine the merits of the counter-claim.