DARKO AND ANOTHER V. BANK OF WEST AFRICA LTD.

SIRIBOE J.S.C.: 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 …