that the Solicitor’s bill is 25.5 Million Naira. The evidence produced by
plaintiff was uncontroverted so we accept it. Since both of these bills were
pleaded and uncontroverted evidence was adduced by the plaintiff, the Court
accepts the evidence and holds that the plaintiff is entitled to recover them
based on the agreement entered into by the parties (Exhibit Al).
40, Plaintiff also claimed that it is entitled to interest of 25% on the principal
sum of 255 Million Naira based on the agreement that was entered into by
the parties (Exhibit Al). Plaintiff stated that the right to compute interest at
25% is in paragraph 4 of Exhibit Al. Plaintiff stated that the computation of
its Accountant as per Exhibit A4, the interest on the 255 Million Naira as at
31/07/2010 amounts to 278,531,325.32 Million Naira. Clearly, Exhibit Al
entitled plaintiff to interest of 25% on the principal sum of 255 Million Naira
as defendants agreed to the payment of the said interest if they defaulted in
the payment of the principal sum. Since the computation by PW2 was not
challenged, it has to be accepted. Plaintiff is therefore entitled to the interest
pleaded and proved.
41. Plaintiff also claimed general damages of 300 Million Naira for
defendant’s flagrant breach of contract. General damages are such as the law
implies to have accrued from the act of a wrongful party and are
compensatory in nature. General damages are usually awarded for pain and
suffering, future problems and crippling effect of an injury, loss of ability to
perform various acts, shortening of life span, mental anguish, loss of
companionship, loss of reputation, loss of anticipated business and many
more. It is always awarded at the discretion of the court having regard to the
peculiar circumstances of each case.
42. The Court is not satisfied that any good reason has been proffered to
justify the award of general damages in addition to the interest agreed upon
which we consider to be an adequate recompense for any loss arising out of
the failure to pay the principal sum. The plaintiff, as per Exhibit A1, is
entitled to 25% interest on the principal sum to be calculated from 1 August
2010 to the date of this judgment, besides what the court has already said it
is entitled to for the period ending 31° July 2010.
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