GRANVILLE SHARP J.A.: The plaintiffs’ claim is for money lent by plaintiffs to defendant at his request, together with interest thereon and attendant expenses specified in the particulars, altogether amounting to £4.590. 14s. 2d.
The basis of the plaintiffs’ claim is an agreement in writing between the parties dated 25th August, 1952. Amongst other provisions the agreement stipulates specific dates upon which periodic repayments of the loan and interest should be made. It is not in dispute that at the date the writ was issued no repayment had been made, and by the date of the trial the whole sum was due and payable, as the last date for payment had passed.
The only defence to this claim is an averment on behalf of the defendant that the plaintiffs had committed a breach of their contract or agreement with the defendant to finance the defendant’s cassava business or project, and are not entitled to claim the said sum of £4,590: 14s: 2d, or any part thereof. This averment, as appears from…