Any Agreement ‘Tied To Sex’ Cannot Be Enforced In Court – See full Judgment In ‘Sidechick’ Case

A Justice of the High Court who heard the case of Deborah Seyram Adablah and Ernest Nimako has given the reasons for his ruling saying no court will support or enforce “unholy immorality”.

In a detailed ruling obtained by MyNewsGh.com, Justice John Bosco Nabarese, said any agreement that is tied to “illicit sexual relationship” is void and cannot be enforced in Court as it seeks to promote sexual immorality.

“The law is settled that any agreement which has as its object future illicit sexual relations is bad, as it is a contract to promote sexual immorality. Hence a promise to pay monthly allowance to a mistress, ie GH$3,000.00 monthly allowance to the respondent in this case, even (if) made by deed under seal, would be void. So also a contract which though seemingly innocent, has, to the knowledge of the parties, an immoral motive would also be void.”

The learned judge said he agreed with the argument advanced by lawyers for Mr. Nimako namely Ama Opoku Amponsah Esq. appearing with Jeffery Koranteng Esq. and Charles Quansah Esq who urged the court to dismiss Seyram Adablah because she was seeking the court’s blessing for an apparent immorality.

Don’t endorse prostitution agreement

To convince the court, Ama Opoku Amponsah Esq. quoted Latin maxims “ex turpi causa non oritur actio” meaning no cause of action can arise from an illegal or immoral act and quoted relevant cases and laws

Lawyers for Nimako pleaded with the court not to give its “judicial blessings” to an agreement “which sins against public policy and generally regarded as illegal or promoting immorality”.

Counsel for Nimako told the court Deborah Seyram Adablah wanted “to conscript the Court into enforcing a meretricious contract, akin to a commercial sex contract which is repugnant to the norms, values and public policy”.

Opposing the dismissal

The lawyer for Deborah Seyram Adablah disagreed with the submission of Counsel for Ernest Nimako in filing a motion to have the entire case dismissed on grounds of immorality and failure to disclose a reasonable cause of action.

According to Seyram Adablah’s counsel, the application for dismissal is procedurally wrong, incompetent and defective since it failed to indicate the paragraph or paragraphs of Seyram’s pleadings they are attacking and want same to be struck out which disclose no reasonable cause of action or defence.

Judge rules – I can’t bless prostitution no matter how glorified

Justice John Bosco in a ruling said he agreed with counsel for Nimako because Deborah Seyram Adablah was inviting the court to bless her “immoral, unhealthy and unholy” sexual relationship with a married man.

The judge agreed with Counsel Opoku Ampomah Esq. that ruling in favour of Seyram Adablah will “promote lasciviousness and engender the denigration of the institution of marriage” which must not be countenanced by the court.

The judge said: “Indeed, I do not think that it makes any difference whether the Respondent (Deborah Seyram Adablah) is a commercial sex worker or a common prostitute or whether she is merely the mistress of onc man. The accommodation that is allegedly being promised or its rent payment to be provided for 2 years by the Applicant, is for the purpose of committing the sin of fornication and such is illegal in the sense that it is contrary to Public Policy and it is immoral.”

The judge noted that Seyram Adablah sought to “benefit from her participation in an illegal and immoral act” with Ernest Nimako by being in a “parlor relationship for financial consideration or gains, a relationship, the act of which was not, according to Seyram Adablah herself, “was not in conformity with societal norms”.

The judge noted that “there is nothing, absolutely nothing glaring on the face of the pleadings to show” that Deborah Seyram Adablah “performed anything else outside the provision of sexual services or acts incidental thereto which included her duties in her parlor relationship… “Therefore, the case comes within the rule that out of a forbidden or immoral act no cause of action can arise.”

DEBORAH-S.-ADABLAH-VRS-ERNEST-NIMAKO-ANOR-RULINGDownload

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