CONTRACT LAW — Illegality — Contract Ex Facie Legal — Burden to Prove Illegality
Principle Statement
A claim for outstanding salary and allowances is ex facie legal and enforceable. There is nothing apparent on the face of the claim to show illegality.
Ratio Decidendi (Source)
Per Akintan, JSC, in West Construction Co. Ltd v. Batalha (2006) NLC-123-168-2002(SC) at p. 12; Paras B–C.
"The plaintiff claim in the instant case, as already set out above, is briefly for the recovery of his outstanding salary and allowances due to him from the appellant, his former employer. There is definitely nothing apparent or evidently from the face of the claim to show or from which any act of illegality could be inferred. The claim is therefore ex-facie legal and enforceable."
Explanation / Scope
A claim that appears legal on its face is enforceable; illegality must be proved. The principle applies to contract law.
