Respondent was employed as General manager in May 1989 on a salary of N22, 000.00 per annum by the appellant. The letter of employment stated that three months notice was required by either party to terminate the appointment and in the event of serious misconduct, dismissal will be summary.

Respondent's appointment was terminated in February 1992 and was paid three months salary in lieu of notice.

Respondent wrote through his lawyers urging the appellant to reconsider their action. This request was turned down and this led to the present suit whereupon respondent sought a declaration that his termination without an opportunity to be heard was wrong and not in line with the principles of audi alteram partem. He further sought for reinstatement and N1,000,000.00 damages for wrongful termination.

The court asked both counsel to address it on the implication of the omission of the respondent's claim for declarations in his statement of claim since respondents stated in his statement of claim that he claimed "as per the writ of summons". The respondent's counsel promptly applied to amend the statement of claim by inserting the aspects of the claim omitted in the earlier statement of claim. This was after the court had heard the full matter.

Subsequently, the court ruled incorporating into the judgment granted the application for amendment and found the appellant liable for wrongfully termination of employment. The court also awarded N652,668.00 as damages for breach of service agreement as an alternative order.

The appellant was aggrieved and appealed.