The present Respondent, Santos M. Batalha, a Portuguese national, instituted this action as Plaintiff at Benin High Court in Edo State as Suit No. B/643/94 against the present Appellant, West Construction Company Limited, as Defendant The dispute that led to the institution of the case arose over failure of the Defendant, now Appellant, to pay the Plaintiff, now Respondent outstanding balance of salary/allowance for services rendered to the Appellant company.

At the completion of the hearing, the learned trial Judge upheld the defence of the Appellant that the contract was illegal. He accordingly dismissed the Respondent's claim.

Respondent was dissatisfied lodged an appeal to the Court of Appeal which allowed the Respondent's appeal.

The Appellant was dissatisfied with the decision of the Court of Appeal and consequently appealed to the Supreme Court.