Facts:

The appellant was plaintiff in the court below where it claimed under the undefended list a liquidated sum. Judgment was entered in its favour in the sum of N5,327,059.17 (Five million, three hundred and twenty seven thousand, fifty nine naira seventeen kobo). It is on record that the respondents as defendants filed their notice of intention to defend supported by an affidavit of twelve paragraphs. The defendants/respondents having steadily defaulted in liquidating the said judgment debt, the plaintiff/appellant brought the instant application for the payment of 10% post judgment interest on the judgment debt. The trial court had in its judgment awarded 21% pre-judgment interest calculated to amount to N2,340,588.49 (Two million, three hundred and forty thousand, five hundred and eighty eight naira forty nine kobo) thus bringing the total indebtedness of the respondents to N7,672,647.66 (Seven million, six hundred and seventy two thousand, six hundred and forty seven naira sixty six kobo). It is the default by respondents to liquidate this judgment debt that necessitated the instant application.

The trial court in refusing the application for post judgment interest ruled that the respondent had neither paid the judgment sum and interest thereon as at the date of the ruling and that the interest as calculated is almost half of the contract sum owed. Although the applicant was entitled to the 10% post judgment interest per annum by virtue of Order 40 Rule 7 of the High Court of Cross River State (Civil Procedure) Rules, however awarding same would aggravate an already bad situation.

Aggrieved by the decision, the appellant filed a notice of appeal containing a solitary ground of appeal that the trial judge erred in law in dismissing the appellant’s application on the g