The respondent as plaintiff in the court below claimed against the appellant as defendant the sum of N1,545,332.80K being sum deposited by plaintiff for the supplies of the textiles produced by the defendant since 1993 till March 1995 but which products were not supplied to the plaintiff in spite of several demands. Plaintiff also claims the current market price difference at the date of judgment in the alternative 21 per cent of the sums deposited.

“The plaintiff claims from the defendant the sum of N1,545,332.80K (one million, five hundred and forty five thousand, three hundred and thirty two Naira, eight kobo) being sum deposited by plaintiff for the supplies of the textiles produced by the defendant since 1993 till March 1995 but which products were not supplied to the plaintiff in spite of several demands.

Plaintiff also claims the current market price difference at the date of judgment in the alternative 21 per cent of the sums deposited. The current market price difference is now about N1.020,000.00. The plaintiff also claims the cost of his action and 10 per cent of the judgment debt from the date of judgment."

The respondent's writ of summons was filed on the undefended list. The appellant later filed its notice of intention to defend plaintiff's claim in the suit No. K/794/95. The appellant in paragraph 24 of its affidavit in support of its notice of intention to defend admitted that the respondent had a total deposit of N813,480.42k in his 3 accounts with it, the appellant.

The learned trial Judge then entered part judgment in the sum of N813,480.42 for plaintiffs against the appellant based on the admission of the appellant. This judgment was delivered on 21st February, 1996.

The learned trial Judge after the delivery of the part judgment transferred the case to the general cause list for trial of the issue of payment of interest.

After hearing both sides on this issue of payment of interest the learned trial Judge on 9th day of January, 1997 entered judgment for the respondent for the payment of 10 per cent interest on the amount of N813,480.42 for one and half years i.e. from April 1995 to November 1996 and also adjudged that the initial judgment debt of N813,480.42 had already been paid.

The appellant is dissatisfied with this judgment of 9th January, 1997 and appealed.