Ramaphike and Another v Maphothoane (CIV/T 47 of 2009) [2010] LSHC 14 (21 September 2010)

Ramaphike and Another v Maphothoane (CIV/T 47 of 2009) [2010] LSHC 14 (21 September 2010)

The contract was illegal and champertous, and as such, unenforceable. Neither good faith, ratification, nor the doctrine of unjust enrichment can validate or enforce an illegal agreement. Equity does not apply to parties with unclean hands.

Citation
[2010] LSHC 14
Parties
Plaintiff: STEPHEN RAMAPHIKE; Plaintiff: ADV. N. E. MAKHERA; Defendant: MOOKHO MAPHOTHOANE
Court
High Court
Jurisdiction
Lesotho
Judgment Date
21 September 2010
Case Number
CIV/T 47 of 2009
Procedural Posture
Civil / Judgment
Outcome
case dismissed
Legal Topics
Illegality of Contract, Champerty, Unjust Enrichment, Enforceability of Agreements
Source Language
English
Contract Law Equity Illegality of Contract Champerty Unjust Enrichment Enforceability of Agreements

Case Brief

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Parties

STEPHEN RAMAPHIKE

Plaintiff

ADV. N. E. MAKHERA

Plaintiff

MOOKHO MAPHOTHOANE

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the contractual arrangements between the plaintiffs and defendant are enforceable given their illegality
  2. 2 Whether the doctrine of unjust enrichment applies to the plaintiffs' claim
  3. 3 Whether ratification or good faith can cure an illegal contract

Ratio Decidendi

The contract was illegal and champertous, and as such, unenforceable. Neither good faith, ratification, nor the doctrine of unjust enrichment can validate or enforce an illegal agreement. Equity does not apply to parties with unclean hands.

Court Disposition

case dismissed

Orders

  • The case is dismissed with costs.