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AWARD OF PRE-JUDGMENT INTEREST – REQUIREMENT FOR AN AWARD OF PRE-JUDGMENT INTEREST

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“Pre-judgment interest must be claimed by a plaintiff in the writ of summons and statement of claim and evidence subsequently adduced in proof of it, failing which it will not be awarded by a court.  The award of pre-judgment interest can be made where it is contemplated in an agreement between the parties, under a mercantile custom and under the principle of equity such as breach of fiduciary relationship.  See Ekwunife vs. Wayne (WA) Ltd (1989) 5 NWLR (PT 122) 422 at 445, Idakula vs. Richards (2001) 1 NWLR (PT 693) 111 at 122, 124B-D and 124H-125A, Sani Abacha Foundation vs. Uba Plc (2010)1 NACLR 264 at 272, Berende vs. Usman (2005) 14 NWLR (PT 944) 1 and Berliet Nigeria Ltd vs. Kachalla (1999) 9 NWLR (PT 420) 478”. PER U.A.OGAKWU,J.C.A in

Samuel Etuk v Heritage Bank PLC LER [2018]CA/L/05/2010 https://legalpediaonline.com/samuel-etuk-v-heritage-bank-plc/



   
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