GHANA COMMERCIAL BANK V. ODOM

ANIN J.A.

In the court below the appellant bank recovered judgment for the sum of ¢11.831.95 plus five per cent simple interest on that sum for a period of seven and a half months and ¢300.00 costs. Being aggrieved by the quantum of interest awarded in its favour, the bank has appealed to this court seeking a variation in both the rate and period of interest to make them conform with the endorsement in the writ, to wit, "ten per cent interest from 25 September 1967 until the date of final payment." It is first necessary to consider the pleadings.

The action was commenced by a specially endorsed writ sealed on 28 December 1967 and containing the following statement of claim:

"(1) The plaintiffs' claim is for the sum of eleven thousand, eight hundred and thirty one new cedis, ninety five new pesewas (N¢11,831.95) being balance of overdraft facility granted by the plaintiffs to the defendant inclusive of interest as per statement of account annexed hereto and which balance is still due and…