R. A. EROKWU AND ORS VS S. I. BOSAH AND ORS
September 1, 2025BOHSALI AND CO. LTD VS OKOI ARIKPO
September 1, 2025Legalpedia Citation: (1966-06) Legalpedia 57912 (SC)
In the Supreme Court of Nigeria
Holden At Abuja
Wed Jun 15, 1966
Suit Number: SC 241/1965
CORAM
BAIRAMIAN CHIEF JUSTICE, SUPREME COURT
ONYEAMA JUSTICE, SUPREME COURT
AJEGBO JUSTICE, SUPREME COURT
PARTIES
T.O.OYEGBOLA
APPELLANTS
ESSO WEST AFRICA INC
RESPONDENTS
AREA(S) OF LAW
PRACTICE AND PROCEDURE-COUNTER CLAIM
SUMMARY OF FACTS
The plaintiff complains that he ought to have had judgment for the repayment of his security with interest-£3,500 plus £840 interest for six years
HELD
That the plaintiff can consider whether he would like to pursue his claim on the security and interest in the High Court of Lagos.
ISSUES
Whether the Plaintiff can sue in respect of another account when has not pleaded a set-off or counterclaim
RATIONES DECIDENDI
MEANING OF COUNTERCLAIM
A counterclaim, to quote is a weapon of offence which enables a defendant to enforce a claim against the plaintiff as effectually as in an independent action.Instead of suing separately, the defendant may insert his claim into the plaintiff’s suit under the label of counterclaim if it is of a kind which by law he is entitled to raise and have disposed of in the plaintiff’s suit- Bairamian, J.S.C
CASES CITED
STATUTES REFERRED TO
Halsbury’s Laws of England (3rd ed.) Vol. 34, p.395, para. 671
