NWAFOR PHARMACEUTICAL CHEMIST & GENERAL ENTERPRISES LIMITED V. ROCHE NIGERIA LIMITED

GARBA JCA (Delivering the Lead Judgment): The respondent hadsupplied on request, various quantities of assorted drugs worth the sum of N1,920,136.85to the appellant. After receivingthe drugs, the appellant made a part payment of N434,982.00 to the respondent and issued a Progressive bank draft dated the 25/9/95 for the balance of the price. Eventually, the respondent was unable to get the balance of the price of the drugs either through the bank draft or promised monthly installments by the appellant.

The respondent therefore filed an action in the Lagos High Court for the said outstanding balance and in its amended statement of claim filed on 5/7/99 claimed against the appellant as follows:- The outstanding sum of N1,485,244.85. A

Interest at the rate of 17% from 25/8/95 until judgment or the said debt is liquidated.

N500,000.00 general damages and costs.

After trial, the lower court entered judgment in favour of the respondent for the sum and the rate of interest claimed up to the dat…