DIAB V. QUANSAH

ABBAN J.

This action was commenced by a specially endorsed writ. The plaintiff’s claim is for the sum of ¢5,013.25 plus eight per cent interest, calculated from 15 June 1965 to the date of judgment. After the defendant had entered appearance, the plaintiff moved for final judgment under Order 14, r. 1 of the Supreme [High] Court (Civil Procedure) Rules, 1954 (L.N. 140A). Having regard to the nature of defence which the defendant raised in his affidavit opposing the said application, the court granted the defendant leave to defend the action.

The claim of the plaintiff is founded on a document which both parties described as a promissory note. The note was dated 15 April 1965, and it contains the following statement:

“Received from N. Diab of Diab Building Co. the sum of two thousand five hundred and six pounds twelve shillings and six pence to be paid back within two months. (Signed) John S. B. Quansah.”

The parties agree that they came to know each other through one Joe Welsing some time…