In this case the plaintiff-bank claimed against the defendant Kwaku Atta Osam-Pinanko, the sum of £G501 18s. 1d., as balance of an amount due and owing on account of overdraft and interest. The defendant trades in the business name of Awisto (Missionary) Emporium. He counterclaimed for £G300 as amount due to be paid to him to complete the performance of a contract by the plaintiff-bank to grant him a loan of £G500. He further claimed £G200 damages for breach of the said contract.
A claim for damages for breach of contract is alternative to a claim for specific performance of the contract, therefore the two claims cannot be made together.
In their reply to the statement of defence, and their defence to the counterclaim, the plaintiff-company pleaded that the amount claimed by them is made up of a loan of £G200, and moneys paid on a bill of exchange on behalf of the defendant.
The plaintiffs led evidence to show that they gave the defendant a loan of £G200, and also paid on his …