A counterclaim is a separate and independent action in its own right and notwithstanding the fact that a Plaintiff’s action might have been discontinued, dismissed or withdrawn, a Defendant who has filed a counterclaim was at liberty to prosecute his counterclaim. See Fosuhene vs Atta Wusu [2011] 1 SCGLR 273. Considering therefore that a counterclaim is a separate action, independent of the Plaintiff’s original action, the issuance of Civil Form 6, in the circumstances of the instant case, could not take away the jurisdiction of the trial Court to proceed with the hearing of the counterclaims which culminated in the final judgment of the trial Court.
MR. I . K. GYASI (SUBSTITUTED BY NANA BONSU ABABIO) VRS 1. NANA OFOSU SARPONG KUMAMKUMA & ANO CIVIL APPEAL NO. J4/35/2024 [2026] SLR (SC) 21 · Supreme Court · 2026 · ASIEDU JSC
Read it in the judgment