Facts:

The respondent, a citizen of Portugal was a project engineer of the appellant. In July 1992 he was hired and engaged by the appellant in its construction company, at a salary and allowances agreed by both parties. On the 30th of April 1993 the respondent withdrew his services due to the appellant’s refusal or failure to pay his salary and allowances in spite of repeated demands for the payment. The respondent (as plaintiff) subsequently instituted an action in the High Court for the outstanding sums due to him. The appellant while not denying employing the respondent stated that the respondent was not entitled to the sum of money he was claiming because the contract of employment was illegal as it is not enforceable in law. The appellant contended that the work permit was issued to him by the department of Immigration to work for Jagal Nig. Ltd. and not for its company for which no work permit was obtained, a state of affairs that is against the spirit of the Immigration Act. The appellant maintained that it is an offence for the respondent to work for it without a resident permit. In the course of the proceedings in the High Court, the provisions of sections 8 and 34 of the Immigration Act were contested and the claim of the respondent was dismissed on a preliminary objection. On appeal by the respondent to the Court of Appeal his appeal was allowed. Dissatisfied with the judgment of the Court of Appeal the appellant appealed to the Supreme Court.