The respondent is a legal practitioner. In 1974, he was appointed by the appellant, a banker, as an Assistant Secretary. He assumed duty in that capacity on 1st April, 1974. His appointment was confirmed by a letter dated 19th July, 1976. He received promotion from time to time. On 17th May, 1989, the respondent was promoted to the rank of Deputy General Manager/Company Secretary.

On 28th June, 1991, the appointment of the respondent was determined. He was retired from the service of the appellant. This sad news was conveyed to the respondent by a letter No. CCB/CO.4. /Vol.3/145 of 28th June, 1991. The respondent felt bad, and naturally so. He sued. The trial Judge gave him judgment. His retirement was declared null and void and of no effect whatsoever. Then judge held that the respondent was entitled to the payment of his salary and all other entitlements as secretary of the defendant from 28th June, 1991 until the appointment was properly determined, less the amount of the money paid by the appellant into the respondent's bank account as money had and received.

The appellant was dissatisfied with the judgment; it appealed to the Court of Appeal.