MISHISO VRS DZOBOKU (A2/08/2022) [2023] GHADC 1162 (14 February 2023)
The transaction was illegal as it involved an unlicensed lottery operator, rendering the contract unenforceable and barring the court from granting relief to either party.
- Citation
- [2023] GHADC 1162
- Parties
- Plaintiff: Joachim Besavi Mishiso; 1st Defendant: Louis Dzoboku; 2nd Defendant: Deladem Attitsogbui
- Court
- District Court
- Jurisdiction
- Ghana
- Judgment Date
- 14 February 2023
- Case Number
- A2/08/2022
- Procedural Posture
- Civil / Judgment
- Outcome
- Suit dismissed
- Legal Topics
- Illegality of Contract, Enforceability of Illegal Transactions, Licensing Requirements for Lottery Operations
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Joachim Besavi Mishiso
Plaintiff
Louis Dzoboku
1st Defendant
Deladem Attitsogbui
2nd Defendant
Procedural Posture
Civil / Judgment
Legal Issues
- 1 Whether the contract between the plaintiff and defendants is enforceable given its illegality under the National Lotto Act, 2006 (Act 722)
- 2 Whether the court can grant relief to parties engaged in an illegal transaction
Ratio Decidendi
The transaction was illegal as it involved an unlicensed lottery operator, rendering the contract unenforceable and barring the court from granting relief to either party.
Court Disposition
Suit dismissed
Orders
- Plaintiff's suit is dismissed.
- Both parties are equally at fault.
Full Case Text
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