Failure to file defence to counter-claim

Related decisions

• AKPAJI V. UDEMBA (2009)→

  Court

  Supreme Court of Nigeria

  Judgment date

  13 February 2009

  Summary of the Supreme Court decision in Akpaji v. Udemba, focusing on counter-claims, jurisdiction, and filing fees in Nigerian law.

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  • Concurrent findings of fact→
  • Counter-claim→
  • Procedural irregularity→
  • Undefended list procedure→
  • civil debt recovery→
  • failure to file defence to counter-claim→
  • filing fees for court processes→
  • interest-free loan agreement→

• UNOKAN ENT. LTD. V. OMUVWIE (2005)→

  Court

  Court of Appeal (Benin Division)

  Judgment date

  6 June 2005

  A summary of Unokan Ent. Ltd. v. Omuvwie, highlighting key legal issues and the ruling of the Court of Appeal in 2005 regarding a counter-claim and fair hearing

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  • Right to fair hearing→
  • appellate formulation of issues→
  • breach of fair hearing rendering proceedings a nullity→
  • counter-claim as independent cross-action→
  • court not to make a case for parties→
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  • preponderance of evidence in civil claims→
  • retrial before another judge→

• U.B. N. PLC. VS. DAWODU (2003)→

  Court

  Court of Appeal (Lagos Division)

  Judgment date

  18 November 2002

  Summary of U.B. N. Plc. vs. Dawodu case discussing pleadings, counter-claims, judgment evaluations, and implications of admissions.

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  • Counter-claim→
  • Dismissal of appeal→
  • Evaluation of evidence→
  • Fair hearing→
  • admission in evidence→
  • court bound by pleadings→
  • evidence act sections 97(1)(h) and 97(2)(e)→
  • failure to file defence to counter-claim→