DARKO AND ANOTHER vs. BANK OF WEST AFRICA LTD.

This is an appeal from a judgment of Apaloo J.S.C. (as he then was), sitting as an additional judge of the High Court, Accra, on 9 November 1964. The circumstances leading to the judgment appealed from are briefly stated as follows: On 11 March 1959 the defendant-bank (hereafter referred to as the respondents), took out two separate writs of summons against the plaintiffs (also referred to for short, as the appellants), a company called Mpotima Ltd. of which the appellants were the managing director and chairman respectively and some other persons. The two writs serially numbered as suit No. 87/59 and No. 88/59, were specially endorsed for claims made for amounts due in respect of some monetary transactions between the parties. In suit No. 87/59, the sum claimed was £G81,569 14s. Id. and £G11,467 11s. Id. in No. 88/59. In each case, there was interest claimed at the rate of ten per cent from 24 January up to date of judgment. Apart from an appearance that was entered on behalf .....