<p style="text-align: center;"><strong><u>JUDGMENT</u></strong></p><p style="text-align: justify;"><strong>OLLENNU J.S.C</strong>.</p><p style="text-align: justify;">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:</p><blockquote><p style="text-align: justify;">a. £G1,663 16s. Od. on a promissory note dated 14 July 1955, </p><p style="text-align: justify;">b. £G1,560 due on a promissory note dated 31 January 1958, and </p><p style="text-align: justify;">c. £G916 Os. 6d. due under a commission note dated 21 August 1953.</p></blockquote><p style="text-align: justify;">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.</p><p style="text-align: justify;">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:</p><blockquote><ol><li><p style="text-align: justify;">the plaintiff failed to prove that he did pay the amount mentioned in the two notes,</p></li><li><p style="text-align: justify;">the description of the defendants in the title of the suit is not enough to show that they were sued in a representative capacity,</p></li><li><p style="text-align: justify;">the plaintiff failed to prove that the loans were taken upon the authority of the elders of the Takoradi stoo…</p></li></ol></blockquote>