CIVIL PROCEDURE — Damages — Pre-judgment Interest — Basis for Award Before Judgment
Ratio Decidendi
Per Onnoghen, JSC, in A.G. Ferrero & Co. Ltd v. Henkel Chemicals Nig. Ltd (2011) NLC-123-160-2003(SC) at pp. 11–12; Paras E–A:
"It is settled law that a claim for pre-judgment interest may be made by a plaintiff as a right where it is either expressly provided for in or is contemplated by the agreement between the parties or under a mercantile custom, or under a principle of equity such as breach of fiduciary relationship."
Explanation / Scope
This principle establishes that a claim for pre-judgment interest may be made as of right where it is expressly provided for or contemplated by the agreement, under a mercantile custom, or under a principle of equity such as breach of fiduciary relationship. The principle applies where pre-judgment interest is claimed. It ensures that such claims are based on a recognized foundation. The principle reflects the requirements for pre-judgment interest. It prevents awards without a proper basis. The court must require a foundation for the claim. The principle provides guidance on pre-judgment interest.