C.O.P.
V.
MILLS

SARKODEE-ADOO, J.S.C. Delivered the judgment of the court. The facts briefly put are that on the 9th March, 1960, one Kwaku Kumasi (P.W.1) in company with his brother Kwadjo Owusu (P.W.2) went to the High Court in respect of probate of the will of his late grandfather, which had been granted by the court. He had been directed to the registrar and upon arrival at the registry he saw on the verandah the appellant who enquired of him what he wanted. Kwaku Kumasi replied that he had been directed by his lawyer to see the registrar for the probate. The appellant then told him that “he worked on probates.” He asked the appellant the fees to be paid for the issue of the probate and was told £G36 . This sum was paid to the appellant on the 26th March, 1960; no receipt was issued for the amount nor was the probate issued; notwithstanding repeated demands on several occasions, he was put off by the appellant with divers excuses and reasons. Early in August, 1960, Kwaku Kumasi encountered trespa…