CIVIL PROCEDURE — Pleadings — Counterclaim — Necessity for Claim of Title to be Formally Counterclaimed
Ratio Decidendi
Per Mahmud Mohammed, JSC, in Ibator & Ors v. Barakuro & Ors (2007) NLC-123-243-2001(SC) at pp. 8–9; Paras D–A:
"In the absence of a counterclaim specifically set up after the last paragraph of the Statement of Defence, the facts averred in the Statement of Defence cannot be used by the appellants to prop up a claim for declaration of title to land."
Explanation / Scope
A defendant who wishes to claim title to land must file a formal counterclaim. Mere averments in the statement of defence cannot support a claim for declaratory relief. The court cannot grant a declaration of title to a defendant who has not counterclaimed. This ensures that claims for affirmative relief are properly pleaded and parties are given fair notice.