The appellant sued the respondent at the Zaria High Court for unlawful dismissal from the services of the respondent bank at its Kaduna Hospital Road Branch. He also claimed N100, 000 damages for false and malicious persecution against the respondent. Pleadings were duly filed in court and exchanged between the parties. The appellant called three witnesses and tendered five Exhibits viz:

Letter of suspension dated 17/11/83 Exhibit 1; Receipt for solicitor's professional charge Exhibit 2; Letter of Dismissal Exhibit 3; Union bank Staff Booklet Exhibit 4; page 4 of Exhibit 4A. and certified true copy of records of criminal case No. KMD/183X/83 Exhibit 5. The respondent also testified by calling one witness who also tendered six Exhibit viz; Appellants letter of Employment Exhibit 6, Collective agreement Exhibit 7, Respondent's memo to appellant Exhibit 8; Appellant reply to Exhibit 8 exhibit 9; respondent's two queries dated 25/5/83 and 7/6/83 to appellant Exhibit 8a respectively' Appellant's reply to Exhibit 8a and 8b Exhibit 9b; Respondent's warning letter Exhibit 10 and Letter to appellant by respondent's relief Manager Exhibit 11. At the end of trial, the learned trial Judge dismissed the appellant's claims.

Dissatisfied with the judgment of the trial court, the appellant appealed to the Court of Appeal.