UCHECHUKWU ONYEMENAM, J.C.A. (Delivering the Leading Judgment): This appeal is against the Ruling of the High Court of Lagos State, holden at Lagos, delivered on 4th February, 2020 wherein the learned trial Judge Per. W. ANIMAHUN J. entered Judgment in favour of the Respondents as follows:
“If the Court persists in enforcing a voidable, a void and illegal contract on the ground that one of the parties has taken a benefit under it, then, the intention of the legislators or forbearance of illegal contract will be perpetually defeated because in almost all of such contracts, benefit would not be a cause of action. This is why I strongly believe that consideration of whether a party has benefited should be limited to a voidable and a void contract and not to an illegal contract. This is so because it will be illogical for the Court to enforce such an illegal contract in a civil suit and convict the culprit in a criminal case. The penalty clause makes such contract unenforceable under any c…