Litigation is often considered the last resort
in the conflict resolution process. The litigation mechanism is commenced by
the aggrieved party - the Plaintiff - taking out a writ against the other party
in Court. Where a matter is contentious, the Rules of Court requires the
Plaintiff to commence the suit by way of a Writ of Summons which should be
filed along with a Statement of Claim and served on the other party (the
Defendant). When served, a Defendant amongst other things is required to file a
Statement of Defence. However, there are circumstances in which the Defendant
may also have a claim against the Plaintiff and may want to make his claim
against him. Ordinarily, he should file a separate action against the
Plaintiff; but for convenience, the Rules of Court allows the Defendant to
counter-claim against the Plaintiff in the same suit by filing a “Statement of
Defence and Counter-claim”. This article considers the question whether a
Defendant in counter-claiming against the Plaintiff can rely on facts which
emerged during the pendency of the suit.
Lawrence, O (2020). Raising Fresh Cause of Action: One Limit of A Counter-Claim. Afribary.com: Retrieved March 05, 2021, from https://afribary.com/works/raising-fresh-cause-of-action-one-limit-of-a-couter-claim
Oguama, Lawrence. "Raising Fresh Cause of Action: One Limit of A Counter-Claim" Afribary.com. Afribary.com, 18 Oct. 2020, https://afribary.com/works/raising-fresh-cause-of-action-one-limit-of-a-couter-claim . Accessed 05 Mar. 2021.
Oguama, Lawrence. "Raising Fresh Cause of Action: One Limit of A Counter-Claim". Afribary.com, Afribary.com, 18 Oct. 2020. Web. 05 Mar. 2021. < https://afribary.com/works/raising-fresh-cause-of-action-one-limit-of-a-couter-claim >.
Oguama, Lawrence. "Raising Fresh Cause of Action: One Limit of A Counter-Claim" Afribary.com (2020). Accessed March 05, 2021. https://afribary.com/works/raising-fresh-cause-of-action-one-limit-of-a-couter-claim