"The law is well settled, that a counter claim is an independent and distinct action which has to be instituted in accordance with extant rules of Court, see OGLI OKO MEMORIAL FARMS LTD & ANCOR VS NACB LTD & ANOR (2008) LPELR - 2306 (sc) @ 16 paragraph c, per Onnoghen, JSC (now CJN). It is equally trite that a counter claim is to all intents and purposes a separate action although, the defendant for convenience and expedition, many with leave of Court incorporate it in the statement of defence thereof. Indeed, a defendant can apply for summary judgment on his counter claim likewise, a plaintiff may counter claim on defendants counter claim. See USMAN VS GARKE (2003) 14 NWLR (pt. 840) 261; (2003 LPELR - 3431 (SC). RENTON GIBBS & CO. VS NEVILIE (1990) 2 QB 818. Instructively, where the plaintiff in the main claim thereof fails to prove his case, it does not necessary follow that the counter claim must automatically succeed unless findings are made in the favour of the counter claimant (defendant) entitling him to succeed. The reason that the counter claim being an independent and separate action, the counter claimant therein can only succeed on the strength of his own case and not on the realness of the counter-defendants case. See OLUBODUN VS LAWAL (2008) 35 NSCQLR 570 @ 644. OSAGIE VS OBAZEE (2013) LPELR 21994 (CA)."

Per SAULAWA, J.C.A.IN OTU v. EYAH CITATION: (2017) LPELR-43534(CA)