What is a COUNTERCLAIM?

Counter Claim is a claim on its own in the same suit whereby the defendant becomes plaintiff, while the plaintiff in the action becomes defendant for the purpose of the counter claim. See Zenith Bank Plc v. Ekereuwem (2012) 4 NWLR (Pt.1290) 207‎. The law is settled that a counter claimant must prove his claim against the person counter claimed before the counter claimant becomes entitled to judgment on the counter claim. Jericho (Nig.) Ltd. Union Bank (2000) 15 NWLR (Pt.691) 147 Where a counter claim is not meritorious it must be dismissed, failure by the plaintiff to file defence to a counter claim cannot ‎automatically entitle the counter claimant to judgment, even dismissal of the main claim in an action cannot automatically entitle a counter claimant to judgment. He must prove the claim by leading credible and satisfactory evidence establishing the counter claim, failure to prove counter claim will obviously lead to its dismissal. Ikeni v. Efamo (1996) 5 NWLR (Pt.446) 64