Subject Matter Index

Browse cases by legal subject matter and principles

Conditions for filing a valid counter-claim

Distinction between a counter-claim and a set-off

Duties imposed on a plaintiff seeking to defend a counter-claim

Effect of a counter-claim where the originating writ of summons is declared incompetent

Effect of a party abandoning his counter-claim

Effect of failure by the court to determine a counter-claim

Effect of failure of a party to file a reply to a counter-claim

Effect of failure to file a reply to a counter-claim

Effect of failure to make the plaintiff a party to a counter-claim

Effect of failure to plead facts in a counter-claim

Effect of the proof of a counter-claim

How a counter-claim can be proved before the court

How a counter-claim should be presented

How a counter-claim should be treated

How issues are joined on a counter-claim

How the claimant can react to a counter-claim

Instances where the court will proceed to hear a counter-claim

Meaning of a counter-claim

Nature of a counter-claim

Need for a counter-claim to be directly linked to the main claim

Proper order to be made where a counterclaim is not proved

Proper order to be made where the plaintiff is not made a party to a counter-claim

Relationship between a counter-claim and the main claim

The principle that a counterclaim being a separate action may be proceeded with even where the original action is stayed, discontinued or dismissed.

The principle that a counter-claim is a conspicuous process which must be clearly donated by the statement of defence

The principle that a counterclaim is a separate and independent action which is tried together with the original claim

The procedure for setting up a counterclaim

The rule that a defendant will succeed on the strength of his counter-claim and not on the failure of the plaintiff to file a reply

The rule that where the defendant who makes a counter-claim against the plaintiff and any other person not a party to the proceedings, such party should be joined to the counter-claim

The scope of the rule that a counter-claim is an independent action

When a counter-claim can be properly raised

When a counter-claim will be regarded as a mere set-off

Whether a counter-claim can be inconsistent with the plaintiff's claim

Whether a counter-claim can be maintained when the writ which commenced the action is declared a nullity

Whether a counter-claim can be properly raised in an affidavit

Whether a counter-claim can survive the invalidity of a writ of summons

Whether a counter-claim filed after judgment is an independent action

Whether a counterclaiming defendant may proceed against some other person who is not already a party to the action

Whether a counter-claim is equivalent to a set-off

Whether a counter-claim is independent of the main action

Whether a counterclaim may properly be brought against any defendant to the counterclaim

Whether a counter-claim must be connected to the claim

Whether a counter-claim must be proved

Whether a counter-claim will fail because the main claim has failed

Whether a counter-claim will fail where the main claim succeeds

Whether a court is bound to separately consider a counter-claim where it raises the same issue as the substantive claim

Whether a defendant can be allowed to prove his counterclaim where there was no capacity on the part of the plaintiff to sue

Whether a defendant can counter-claim in respect of properties that are separate and distinct from the original subject-matter

Whether a judge can put up a counter-claim for a defendant

Whether all the rules of pleadings apply to counter-claim

Whether an adoption of the defendant's pleadings in his statement of defence as his counter-claim means that the counter-claim of the defendant/respondent is not founded on pleadings

Whether a plaintiff can issue a fresh writ to determine his counter-claim where the original claim is struck out, dismissed, discontinued or stayed

Whether a plaintiff can move to dismiss a counter-claim for want of prosecution

Whether a trial Court must give separate pronouncements on the main claim and the counter claim

Whether a withdrawal or failure of a principal action affects a counter-claim

Whether evidence need not be called in proof of a counter-claim where the plaintiff fails to file a reply

Whether failure of the plaintiff to file a reply to a counter-claim is damaging

Whether failure to serve a Claimant notice of the hearing of a counter-claim amounts to a breach of the right to fair hearing

Whether leave of court is required to file a counter-claim

Whether one paragraph can make a counter-claim

Whether or not in the absence of a counterclaim a defendant may still be entitled to a claim

Whether the court can continue and conclude hearing into a counter-claim after the main claim has been stayed, discontinued or dismissed

Whether the court can grant a counter-claim on the basis of the absence of a defence

Whether the court can grant declaration of title and recovery of possession to the defendant in the absence of a counter-claim

Whether the court can make a declaration that the sub-lease was valid and subsisting and grant a relief against forfeiture in the absence of a counter-claim

Whether the court will grant a counter-claim based on the action of a non-existent person

Whether the findings of a trial court on a counter-claim can be made part of the main suit

Whether the particulars of a counter-claim must be pleaded

Whether the power of amendment enables the court suo motu to grant a relief to a defendant who has not counterclaimed

Whether the success or failure of the plaintiff's claim affects the defendant's counter-claim

Access More on judy.legal

Get related cases, follow principles for updates, and access AI-powered research.

Explore judy.legal