[1968]DLHC15093 • February 12, 1968 • High Court
OLATIBOYE vs. CAPTAN
The plaintiff claimed to have sold diamonds valued at N¢14,250.00 to the defendant, who refused to pay. The defendant denied the sale. The plaintiff alleged he held a diamond digging licence (expired at the time of sale) but did not aver having a diamond selling licence as required by law.
read moreThe plaintiff has brought this action to recover the sum of N¢14, 250.00 being the value of diamonds which he said he sold to the defendant which the latter has refused to pay. The defendant denies the sale. Mr. Adjetey has raised a preliminary point on the defendant’s behalf which counsel says will quickly put and end to the controversy without going through a full scale trial on the merits. The contract of sale, if there was one, which is denied, is said to be unenforceable because it was founded on an illegality which the plaintiff cannot avoid relying upon if he is to succeed in his action. That the court will not assist a plaintiff to recover on an illegal contract is sound law: see per Lord Mansfield C.J. in Holman v. Johnson (1775) 1 Cowp. 341 at p. 343 and Ramia v. Chiavelli [1967] G.L.R. 737. The illegality complained of in the instant case is that the plaintiff has in selling diamonds contravened the provisions of the Diamond Mining Industry Protection Ordinance, Cap. 152...