"In summary judgment proceedings, the counter claim can only be ripe for hearing after the Defendant has been granted leave to defend the action. This is the import of the decision of this Court in the case of OBI v. AKUBUEZE & ORS (2017) LPELR-42750 (CA) (P.27, Para. A), where OGUNWUMIJU, J.C.A. held thus: "The point here is that the filing of a counter claim by the Appellant is irrelevant in the circumstances of this case. Until the Appellant as defendant to a claim for summary judgment had been given leave to defend the claim and the suit had been put on the general cause list, the issue of filing a counter claim did not arise. Afortiori the issue that the learned trial judge did not consider the counter claim cannot be cause for complaint." In LIBRA IMPORTS NIGERIA LIMITED v. ACCESS BANK PLC Suit No; CA/L/450/2010 Per TUKUR , J.C.A. (Pp. 15-16, Paras. F-C)