illegal agreement!

agrements made by two parties for an illegal delivery of service, service delivered succesful bt after a few days it stops. One party wants his money back and the other cant return the money. What legal action can be measured here for both parties and what is logic reaction with both parties. NB: agreement was made by word of mouth no documentation.

NOTE. only agreement enforceable by law ndyo zinaweza kuleta legal action na kama ziliingiwa with free parties consent, kama mmoja alilaghaiwa au kulazimishwa ingawa ni illegal contract anaweza kuleta suit.

kutoka kwenye scenarion yako court cannot entertain such case kama both parties walikuwa wakijua ile inshu ni illegal na waliagree bila vitiating factor yoyote. kuna case mmoja ya zanzibar waliagree kufanya homosexual baada mmoja kufanya akagoma kufanyiwa court ilitupa kapuni ile case kwa sababu ilikuwa ni illegal contract.

haijalishi kama ilikuwa agreement formed by mouth au documentary

China Vach said:

NOTE. only agreement enforceable by law ndyo zinaweza kuleta legal action na kama ziliingiwa with free parties consent, kama mmoja alilaghaiwa au kulazimishwa ingawa ni illegal contract anaweza kuleta suit.

kutoka kwenye scenarion yako court cannot entertain such case kama both parties walikuwa wakijua ile inshu ni illegal na waliagree bila vitiating factor yoyote. kuna case mmoja ya zanzibar waliagree kufanya homosexual baada mmoja kufanya akagoma kufanyiwa court ilitupa kapuni ile case kwa sababu ilikuwa ni illegal contract.

haijalishi kama ilikuwa agreement formed by mouth au documentary

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Hapo ujanja kuwahi....hata kwenye upatu anza kuchukua wa kwanza....

illegal how? manake unaongea tu kuwa illegal..kivipi,fafanua...hapo ndo tutagundua kuwa hiyo contract mliingia ni void au voidable....illigality yake ilikuwa ni ya nini? au unaogopa kukamatwa hapa?

void contract is not enforciable kama ilivyo kawaida yake, ulifanya kinyume na sheria, halafu unataka sheria ikusaidie kurecover pesa yako, una akili timamu kweli wewe?

My understanding is that,any contract is commonly governed by five elements.Back to your facts,since the services rendered were illegal,then the same does not fall in good contract category,therefore contrary to public policy.From the very date when the said contract entered(though orally) the same was void abinitio,incapable of being executed.

mayenga said:

My understanding is that,any contract is commonly governed by five elements.Back to your facts,since the services rendered were illegal,then the same does not fall in good contract category,therefore contrary to public policy.From the very date when the said contract entered(though orally) the same was void abinitio,incapable of being executed.

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But so long as somone else enjoyed the benefits then the court will look at the issue and determine the illegality. There are relevant case laws that have discussed the issue.

Caren said:

But so long as somone else enjoyed the benefits then the court will look at the issue and determine the illegality. There are relevant case laws that have discussed the issue.

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I will be much obliged if any authority in support of your proposition cited.

Hute said:

... contract mliingia ni void au voidable

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what's the difference

mayenga said:

I will be much obliged if any authority in support of your proposition cited.

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You see it depends on the nature of the contract and the pressumed illegality. If its a criminal nature it cant be enforced but if its on public policy and the balance of convinience of the parties outweighs and doesnt impact so much on the public then it will be enforced. Such jurisprudence exists.

Just read the concept of In Pari delicto and how it evolved overtime.

mayenga said:

I will be much obliged if any authority in support of your proposition cited.

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nimependa kiingereza yako! ya kule kule kwa wenyewe

Caren said:

Just read the concept of In Pari delicto and how it evolved overtime.

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this phrase is commonly used by court and it simply means since both parties are at fault then the court can not involve in it. therefore it goes back to say contract void.

kibebii said:

nimependa kiingereza yako! ya kule kule kwa wenyewe

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Ahsante

mayenga said:

I will be much obliged if any authority in support of your proposition cited.

kibebii said:

nimependa kiingereza yako! ya kule kule kwa wenyewe

mayenga said:

Ahsante

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Msidanganyane.

"I will be much obliged if any authority in support of your proposition is cited."

Niko said:

Msidanganyane.

"I will be much obliged if any authority in support of your proposition is cited."

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Ahsante pia.