DRAFT - STATEMENT OF DEFENSE AND COUNTER CLAIM - PLEADINGS - CIVIL LITIGATION - NIGERIAN LAW SCHOOL

Introduction to Drafting a Statement of Defense and Counterclaim for the purpose of Bar Finals at the Nigerian Law School.

Welcome, everyone! Today, we’re diving into a critical aspect of civil litigation: the statement of defense and counterclaim. This document is the defendant's primary response to the statement of claim, serving not just as a rebuttal, but as a strategic tool in the litigation process.

Understanding the intricacies of this pleading is essential for any legal practitioner. A well-crafted statement of defense can shape the course of the case, whether by admitting facts, denying allegations, or presenting counterclaims. It’s not merely a response; it’s your opportunity to advocate for your client’s position effectively.

We will explore the key components of a statement of defense, including:

Admissions: Recognizing the facts that are undisputed.
Denial or Traverse of Allegations: Challenging the claims made against your client.
Confession and Avoidance: Acknowledging certain facts but providing a legal justification.
Set-off or Counterclaim: Introducing claims against the plaintiff that can offset the original claim.
(The above aforementioned have been given detailed explanation in the Civil Litigation Mock Trial Course)

By the end of this lecture, you’ll be equipped with the knowledge and skills to draft compelling defenses and counterclaims, ensuring that you are prepared to advocate effectively for your clients as well as being properly equipped for the purpose of Bar Finals at the Nigerian Law School.


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