LEGAL NUGGETS (33):"AND" .By Adedotun Habeeb Adetunji LL.M (M.IoD), FCAI.

FARASCO NIGERIA LTD & ANOR. V. PETERSON ZOCHONIS INDUSTRIES PLC (2010)LPELR-4142(CA)

ISSUE
"AND" : Interpretation of "And" as used in Order 39 Rule 7 of the Kaduna State High Court (Civil Procedure) Rules, 1987
PRINCIPLE
"It is also, pertinent, to note that conjunctive word used in the said Order 39 Rule 7 is; 'And'. The word, "And" expresses the idea that the latter is to be added to or taken along with the first. It expresses general relation or connection, participation or accompaniment sequence, having no inherent meaning standing alone, but, deriving force from what, comes before and after. In its conjunctive sense the word is used to conjoin words, clauses, or sentences, expressing the relation of addition or connection, and signifying that something is to follow in addition to that which proceeds and its use implies that the connected elements must be grammatically co-ordinate, as where the elements preceding and succeeding the use of the words refer to the same subject matter. See Black's Law Dictionary, 6th Edition p.86. This explains the reason why in decided authorities such as Barclays Bank D.C.O. vs. Adigun (1961) All NLR p.536, the court in declining to award interest said that the Rule consisted of a single sentence which by the normal canons of constructions must be read as a whole, each part being dependent on the other. When so read, it meant that the court might grant time within which to pay a judgment debt and might when making such an order also order interest to be paid thereon from the date of judgment or afterwards, but not otherwise. I must note that since the conjunctive word 'and', was used to join the former statement in order 39 Rule 7 and the latter one concerning award of post judgment interest, it seems clear that an award of a post judgment statutorily authorized interest rate of 10% can only be made where the Court had directed the time within which the payment of the judgment sum would be made. In the absence of such a directive as to the time of payment of the judgment debt, I am in doubt as to whether the trial Court could have disjunctively ordered the payment of a post judgment interest." Per ORJI-AGBADUA, J.C.A (Pp. 25-27, Paras. F-A)