Nasagri Vrs Mohammed & Another [2022] GHADC 248 (26 September 2022)

The agreement between the parties was found to be illegal as it amounted to bribery and corruption, contrary to public policy and section 239 of Act 29. Therefore, the contract is unenforceable and the plaintiff's claim is dismissed.

Citation: [2022] GHADC 248
Parties: Plaintiff: Mohammed Saeed Nasagri; 1st Defendant: Taminu Mohammed; 2nd Defendant: Ernest Kwame Obeng
Court: District Court
Jurisdiction: Ghana
Judgment Date: 26 September 2022
Procedural Posture: Civil / Judgment
Outcome: plaintiff's claim dismissed
Legal Topics: Illegality of Contract, Bribery and Corruption, Enforceability of Contracts, Public Policy in Contracts
Source Language: English

Contract Law Criminal Law Public Policy Illegality of Contract Bribery and Corruption Enforceability of Contracts Public Policy in Contracts

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Parties

Mohammed Saeed Nasagri

Plaintiff

Taminu Mohammed

1st Defendant

Ernest Kwame Obeng

2nd Defendant

Procedural Posture

Civil / Judgment

Legal Issues

1 Whether the agreement between the parties can be enforced by the Court
2 Whether the Defendants are jointly and severally liable to Plaintiff’s claim

Ratio Decidendi

Court Disposition

plaintiff's claim dismissed

Orders

Plaintiff’s claim is dismissed as the agreement is illegal and unenforceable.
Registrar to serve a copy of the judgment on the Attorney General, Tamale, for further investigation and prosecution for bribery and corruption.