BUSUMAKURA II AND OTHERS V. YANKUM

JUDGMENT

OLLENNU J.S.C.

The respondent, the plaintiff in the court below, claimed against the appellants, hereinafter called the defendants, an amount of £G4,139 16s. 6d. due on three notes as follows:

a. £G1,663 16s. Od. on a promissory note dated 14 July 1955,

b. £G1,560 due on a promissory note dated 31 January 1958, and

c. £G916 Os. 6d. due under a commission note dated 21 August 1953.

His claim on the third note was dismissed as one based upon past consideration; but those in respect of the first and second notes were allowed.

The defendants have appealed against the judgment in respect of the first two claims on a number of grounds which may be summarised as follows:

1. the plaintiff failed to prove that he did pay the amount mentioned in the two notes,

2. the description of the defendants in the title of the suit is not enough to show that they were sued in a representative capacity,

3. the plaintiff failed to prove that the loans were taken upon the authority of the elders of the Takoradi stoo…