[1959]DLHC5523March 5, 1959High Court

COMMISSIONER OF POLICE vs. KUSI

The 1st accused was owner of a plot at Dajanso village; the plot did not have a completed dwelling-house on it. Another person of the same name also had a plot in the same village, and this plot had a dwelling-house on it. The 2nd accused was a Solicitor’s Managing Clerk. He prepared for the 1st accused a formal lease of the plot with the dwelling-house. In July, the two accused persons together took the lease to the Chief, who was made to understand that it was a lease of the 1st accused’s own plot. Under this impression, the Chief thumb-printed it. In September the 1st accused approached the Manager of the Ghana Commercial Bank for a loan. He represented that he owned the plot with the dwelling-house and supported his assertion by producing the lease. By means of this false pretence he obtained a loan of £800 from the Bank. In due course there was a prosecution, and the 2nd accused (with whom alone the present appeal is concerned) was convicted by the Senior Magistrate, Kuma...