OLATIBOYE V. CAPTAN

JUDGMENT

AMISSAH J.A.

The 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 Or…