"Though interest may be awarded as a right where it is contemplated by agreement between parties or under a principle of equity but where interest is being claimed, the claimant must adduce credible evidence in its proof. In the instant case, the cross - appellant has failed to establish his entitlement to 35% interest which is a pre-judgment interest.
There is a clear different between award of interest pre - judgment where plaintiff must specifically claim such and prove it and the award of interest on a judgment debt which is purely statutory and can only be awarded if there is provisions to that effect in law or rules of Court. The provisions of Order 39 Rule 7 of the Sokoto State High Court (Civil Procedure) Rules 1993 provides that judgment debt carries 10 per centum interest from the date of judgment until it is liquidated by the judgment debtor. Thus, the judgment debt automatically carries interest at the rate fixed by the rule. See BERLIET (NIG) LTD V KACHALLA (1995) 9 NWLR (Prt 420) 478."
Per SHUAIBU, J.C.A. IN MAIGWANDU v. MARADUN & ANOR CITATION: (2018) LPELR-43982(CA)