Habib v Attorney-General

Facts

A licensed diamond dealer gave his licence and diamonds to an unlicensed relative to sell them in Kenema. The relative was convicted. The dealer wanted the stones back.

Issue

Would the court help the dealer recover diamonds dealt with in breach of the Ordinance?

Held

No. A licensed dealer could not lawfully hand the stones to an unlicensed person to deal. The stones were forfeited.

Principle

The court will not lend its aid to a party who has carried out a contract forbidden by statute.

Why it matters

It is the Sierra Leone forfeiture case.

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