Court held that it is trite that a contract is a legally binding agreement. An agreement arises as a result of offer and acceptance but a number of other requirements must be satisfied for an agreement to be legally binding. For instance it must be legal and the agreement must not be rendered void either by some common law or statutory rule or by some inherent defect, such as operative mistake. In the instant case, the non-compliance with mandatory provisions of the law (section 14 of the Employment Act, Cap. 219) rendered the contract void. If an act is void, then it is in law a nullity. It cannot be enforced. The reason for the law’s refusal to uphold such agreements is commonly encapsulated in the Latin maxim ex turpi causa non oritor actio (no claim arises from a base cause). It is immaterial that it has since been repealed as long as there is evidence that there was non-compliance with it as it lasted. Accordingly the impugned contract is un enforceable on account of non-compliance with that law
Having found under issue No. 1 that there is no valid and enforceable contract of employment, it followed that the sum claimed was not due and owing from the defendant.
Court dismissed the suit.