COMMISSIONER OF POLICE
V.
KUSI

(1959) JELR 69854 (HC)    
High Court  ·  5 Mar 1959 ·  Ghana
 · 
Other Citations
[1959] GLR 98
[1959] GLR 98 - 100
CORAM
MURPHY J.
Core Terms Beta
1st accused
appellant’s knowledge
evidence of the chief
senior magistrate
present appeal
formal lease of the plot
2nd accused
lease of the 1st accused
separate questions
criminal appeal
crown counsel
accused persons
due course
murphy j.
good reason
sufficient evidence
considerable importance
high court
first question
second question
owner of a plot
important question
present case
chief thumb
cross-examination
false pretences
chief
means of this false pretence
evidence
second visit
facts
part of the appellant
lease
verdict of acquittal
matter
questions
respect
prosecution
charges
judgment
particular offence
case
fact
appeal
offence
bears
view
statement
manager of the ghana commercial bank
lordship

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, Kumasi.

(1) of co…

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