GHANA COMMERCIAL BANK V. ODOM
(1975) JELR 82079 (CA)
Court of Appeal
•
11 Jul 1975
•
Ghana
Coram
SOWAH J.A, ANIN J.A AND FRANCOIS J.A.
Appearances
Osei For the Appellants. Abeyie (Gadzekpo with him) For the Respondent.
Judgement
<p style="text-align: justify;"><strong>ANIN J.A</strong>. </p><p style="text-align: justify;">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, <em>"ten per cent interest from 25 September 1967 until the date of final payment."</em> It is first necessary to consider the pleadings.</p><p style="text-align: justify;">The action was commenced by a specially endorsed writ sealed on 28 December 1967 and containing the following statement of claim:</p><blockquote><p style="text-align: justify;">"(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…</p></blockquote>