Chinonyelum Uwazie Claims relating to interests constantly feature in suits filed before courts in Nigeria and have been the subject of several appeals over the years. While the courts have established precedents with regard to post-judgment interests owing mostly to the various rules of courts permitting such awards subject to court discretions, the practice relating to award of prejudgment interests remains uncertain. Save for a few isolated cases (Nigeria General Superintendence Co. Ltd v Nigerian Ports Authority (1990) I NWLR (Pt. 129) 741 and Adeyemi v Lan & Baker (Nig) Ltd (2000) 7 NWLR (Pt.663) 33), Nigerian courts have relied mostly on the common law holding in London Chatham & Dover Railway v S.E. Railway Co. [1893] AC 429 to hold that interest may be claimed only as of right where it is contemplated by agreement between parties, under mercantile custom, statute, or under a principle of equity such as breach of fiduciary relationship (see Ekwunife v Wayne (West Africa) Ltd (1989) 5 NWLR (Pt.122) 422.
August 28 2012