FRANK OMAH (TRADING UNDER THE NAME AND STYLE OF FRANKMED MOTORS) V. H. R. H. IGWE J. E. NEBOLISA

BADA JCA (Delivering the Lead Judgment): This is an appeal by the plaintiff now appellant against a part of the judgment of the Anambra State High Court holden at Onitsha delivered on the 13th day of March, 2002. The appellant instituted an action at the lower court under the undefended list procedure claiming against the respondent the following reliefs:- “8(a) The sum of N430,000.00 (four hundred and thirty thousand naira) being the value of the Mercedes Benz 230E saloon car purchased by the defendant for which payment has not been made.

Interest on the above sum at the rate 33% per annum from 15th January, 1998 until judgment is delivered in this suit.

Interest of 5% per annum on the judgment debt from the date of judgment until the entire sum is liquidated.” Judgment was delivered in favour of the appellant in respect of reliefs 8(a) and 8(c) while relief 8(b) was refused on the grounds that the issue of interest was not mentioned in any contract document filed in court. Being…