OGUNTADE JSC (Delivering the Lead Judgment): The appellant, as the plaintiff, at the High Court of Lagos State claimed against the respondent as the defendant, for the following: “... total sum of N93,846.50 (ninety-three thousand, eight hundred and forty-six naira, fifty kobo) being the monies had and received by the defendant for the plaintiff’s use ...” The parties filed and exchanged pleadings, after which the suit was tried by Hunponu-Wusu J. Each party called one witness. On 17/12/93, the trial Judge, in a reserved judgment, granted plaintiff’s claim for N93,846.50.
The trial Judge would also appear to have awarded interest, for he concluded the judgment in these words:
“The plaintiff also claim interest on the said N93,846.50 at 21% per annum from 1st January, 1991 until today and at 7% per annum from today until the whole amount is liquidated. Cost is assessed at N2,000.00.”
Was that an award of interest or not? The language used is certainly ambivalent. However, given th…