The Court of Appeal had allowed the appeal of the appellant and entered judgment for the said appellant in the sum of N50, 000 with costs.

Appellants counsel then filed an application urging the Court of Appeal to vary its judgment by including interest on the sum awarded as initially claimed by the appellant in its writ of summons and statement of claim or alternatively at such other rate as the court deemed proper.

It is clear that the failure to award interest arose from the error in the omission to reproduce at the inception of the judgment the portion of the plaintiff appellant’s claim relating to interest.

The application was opposed by the respondent stating that no evidence was led at the trial of the suit in the Federal High Court to prove that the appellant was entitled to any interest, or the nature of the interest being claimed.