NABIEU AMADU v. AIAH SIDIKI (Civil App. No. 3/67)) [1967] SLCA 1236 (05 May 1967);
Search Summary:
Civil Procedure-appeals-point not taken below-illegality in cause of action is ground of appeal:
Civil Procedure-pleading-defence-defendant succeeds if illegality apparent though not pleaded as defence
Headnote and Holding:
Where a cause of action, whether in contract or tort, arises either ex turpi causa or from the transgression of a positive law of the land, and this, whether pleaded or
not, comes to the court's notice at first instance or on appeal, the court will not assist the plaintiff; and where the defendant is implicated as well, potior est conditio defendentis (page 137, line 37-page 138, line 7; page 138, lines 32-3
Law Report Citation:
1967-68 ALR S.L. 136
