Eskwai logo
Verify now as a student, judge or newly called lawyer for access to discounted plans.

HEMANS V COFIE

March 12, 1997

SUPREME COURT

GHANA

CORAM

  • CHARLES HAYFRON-BENJAMIN
  • AMPIAH
  • KPEGAH
  • ACQUAH
  • AKUFFO JJSC

Areas of Law

  • Contract Law
  • Criminal Law and Procedure
  • Property and Real Estate Law
  • Constitutional Law

AI Generated Summary

Acquah JSC, delivering the judgment of the Supreme Court of Ghana, dismissed the first defendant’s appeal from a Court of Appeal majority decision that had reversed the High Court’s ruling. The case arose after a 68-year-old contractor, detained at the Odorkor Police Station for eight weeks over civil debts, sold his house (No. B802/15, Abossey Okai) under police pressure so proceeds could be applied to creditors. Negotiations and execution occurred at the police station and CID office, with police present and involved. Applying modern common law principles of duress—including illegitimate threats, coercion of will, absence of reasonable alternatives, and third-party duress where the purchaser’s agent knew—the court found the sale was procured through unlawful police coercion and could not be enforced. The Supreme Court affirmed the Court of Appeal’s decision and dismissed the counterclaim, but ordered the plaintiff to refund the ¢4 million purchase price since it had been used to liquidate his debts. The court condemned the police’s role and emphasized that civil debts do not amount to criminal fraud and felonies cannot be settled out of court.