“……. If the contract is lawful in its formation, but one
Party alone intends to exploit it for an illegal purpose,
the law not unnaturally takes the view that the
innocent Party need not be adversely affected by the
guilty intention of the other.”
As consequences of such a kind of contract, the same author
further pointed out that:
“The situation envisaged here is that contract is lawful
ex-facie and is not disfigured by a common intention to
break the law, but that one of the Parties, without the
knowledge of the other, in fact exploits it for some
unlawful purpose. In these circumstances, the guilt
Party suffers the full impact of the maxim ex-turpi
causa non oritur action and all remedies are denied to
him……
On the other hand, the rights for the innocent Party are
unaffected.”
According to Counsel for the Claimant, the above principle
applies to the Claimant’s contract to the extent that the Staff
Rules and Regulations provide for a written contract in
recruitment or appointment of any employee.
However, the
existence of a contract like the one at hand was lawful ex-facie
whereas the Respondent misrepresented its formation and
implementation for unlawful purpose to limit the tenure of the
Claimant for reasons only known by the Respondent.
CLAIM NO.1 OF 2012
Page 10