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BOARD OF DIRECTORS OF ORTHODOX SECONDARY SCHOOL OF PEKI V. TAWLMA-ABELS

(1974) JELR 69188 (CA)

Court of Appeal  •  27 May 1974  •  Ghana

Coram
ANIN JA,HAYFRON-BENJAMIN JA,FRANCOIS J.A.

Appearances
E.D. KOM FOR THE APPELLANTS; NO APPEARANCE BY OR FOR THE RESPONDENT.

Judgement

ANIN J.A.

The action was commenced on 14 April 1970, in the Ho Circuit Court by a specially endorsed writ of summons containing the following endorsement:

“STATEMENT OF CLAIM (1) The plaintiff’s claim against the defendant is for the sum of N¢3,321.64 being an amount due and owing from the defendant to the plaintiffs as far back as 23 March 1968 (as per promissory note a copy of which is attached) and which said sum still remains unpaid despite repeated demands.
(2) Plaintiffs also claim eleven per cent interest up to the date of judgment.”

The alleged promissory note was in the following terms:

“I accept responsibility for the deficit of N¢3,321.64 NP three thousand three hundred and twenty one new cedis and sixty four new pesewas, being fees collected to 1st term 1967/68 and promised [sic] to pay by monthly instalment [sic] as the Board may determine.
(Sgd.) S. R. Tawlma-Abels
Headmaster
23/3/68
The Chairman,
Board of Governors,
Orthodox Sec. School,
Peki, V.R.”

In their statement of claim the …

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