A brief fact of the present case is that on or about the 5th day of July 1989, the appellant's house at No. 3 Wasiri Maccido Road, Malali, Kaduna was burgled by some unknown persons and so many valuable properties were stolen.

The appellant then lodged a report at the Police Station, Malali, Kaduna Before this incident, the appellant has a contractual relationship with Security Guard System (a Security Company) at No 6/7 Gboko Road, Zango House Ungwan Kanawa, Kaduna in which the respondent and three other persons were employees.

The respondent and the three other persons were at various times posted to guard the appellant's house before the appellant's house was burgled.

In course of the police Investigation, P.W. 3 a Police Officer went to the Security Guard System to find out the persons that were guarding the appellant's house prior to the incident. Later the respondent and three other Security men were arrested and then arraigned before the Area Court, Malaki Kaduna for criminal conspiracy and theft.

As the Area Court the appellant and the investigating Police Officer (I.P.O.) that is P.W.3 were not called to testify and the respondent and the other three persons were discharged under Sect. 165 of Criminal procedure Code for failure of the prosecution to call the witnesses.

On 17/5/90, the respondent filed this suit claiming as follows:-