Danquah Vrs Wireku [2023] GHADC 223 (9 May 2023)

Danquah Vrs Wireku [2023] GHADC 223 (9 May 2023)

The agreement was for the hire of an excavator for unlicensed gold mining, which is illegal under section 82(1) of Act 703; thus, the contract is unenforceable and the plaintiff cannot recover the claimed amount.

Citation
[2023] GHADC 223
Parties
Plaintiff: Justice Opare Danquah; Defendant: Edward Wireku
Court
District Court
Jurisdiction
Ghana
Judgment Date
9 May 2023
Procedural Posture
Civil / Judgment
Outcome
claim dismissed
Legal Topics
Illegality of Contract, Unenforceability of Contract, Burden of Proof, Illegal Mining
Source Language
English
Contract Law Mining Law Environmental Law Illegality of Contract Unenforceability of Contract Burden of Proof Illegal Mining

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Parties

Justice Opare Danquah

Plaintiff

Edward Wireku

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the agreement between the parties is illegal and unenforceable
  2. 2 Whether the plaintiff is entitled to recover GHC 120,850.00 from the defendant

Ratio Decidendi

The agreement was for the hire of an excavator for unlicensed gold mining, which is illegal under section 82(1) of Act 703; thus, the contract is unenforceable and the plaintiff cannot recover the claimed amount.

Court Disposition

claim dismissed