Facts
The Respondent commenced the action leading to this appeal against the Appellant at the High Court of Plateau State via a Writ of Summons and an Affidavit in Support of the Claims. The Respondent claimed the sum of N2,000,000.00 (two million Naira) being the balance due to him from the Appellant for execution of a road contract for the Appellant. He also claimed pre judgement interest at the rate of 25% from 20th July, 2001 until judgement and post judgement interest at 10% per annum until the entire sum is liquidated. Being a liquidated money demand, the Respondent filed a Motion Ex parte for the suit to be placed under the Undefended List. The Appellant responded by filing a Notice of Intention to Defend and an Affidavit in support thereof. When the matter came up for hearing, counsel for the Respondent consented that the matter be transferred to the General Cause List and the suit was so transferred. At the hearing of the suit, the Respondent called four witnesses as PW1 – PW4, while the Appellant testified alone for himself as DW 1.
At the close of trial and after the addresses of counsel, the trial court delivered its judgEment wherein it granted the reliefs sought by the Respondent. The court ordered the Appellant to pay the Respondent the sum of N2,000,000.00 and awarded pre judgment interest at the rate of 22% per annum from July 2001 till the date of the judgment and post-judgment interest at the rate of 10% per annum. The Appellant’s appeal to the court below was allowed in part as the court held that there was no basis for the award of 22% pre-judgment interest and set same aside.
