The plaintiff sued the defendant for $44,250.72 being the amount due and payable to the plaintiff on a current account. The defendant was on or about October 2, 1963 granted overdraft facilities by the plaintiff bank and the amount then granted to the defendant was up to $25,000.

The account became dormant since 1965 and interest at the rate of 10.8% per annum began to accumulate. The overdraft was secured by a charge executed by the defendant's father, since deceased, of a piece of land up to the limit of $25,000 and interest.

On September 26, 1974, the plaintiff obtained an order for sale of the properties charged. On June 15, 1975 the plaintiff filed these proceedings against the defendant for the balance of the amount due after deducting the amount due from the estate of the defendant's father, the guarantor. The estate of the guarantor was administered by the Official Administrator and in compliance with the order of court aforesaid the Official Administrator paid on November 13, 1975 to the plaintiff the sum of $25,000 being the principal guaranteed on the charge and on February 23, 1976 a further sum of $8,562 being the interest due. These payments were made