The plaintiff, Ben O. Chukwumah is a registered medical practitioner and a specialist in obstetrics and gynecology. In October 1975 he was offered (and he accepted) a locum appointment by the Shell Petroleum Development Company (Nig.) Ltd, as a medical officer in the company's service at its Port-Harcourt branch. By a letter dated 26th November 1976 the company offered him (and again he accepted) a regular appointment as a general duties Industrial Medical Officer at its Warri branch with effect from 17th December 1976. He performed so well that a year later his appointment was confirmed and he became a member of the Shell BP Contributory Pension Fund and was entitled to other benefits other employees of the company enjoyed. It would appear, however, that relations between him and employer soon became strained and by a letter dated 18th August 1981 his appointment with the Company was terminated with effect from the date of the letter.

While in the employ of the Company, the plaintiff was residing with his family in a house provided by the Company and situate within its premises at Warri. With the termination of his employment, the Company gave him a month notice to vacate the house. According to the plaintiff, he was ejected from the house on 15th October 1981.

Aggrieved by the termination of his employment and his ejection from the company's house he occupied as a paying tenant, plaintiff sued the Company. At the conclusion of the trial, the High Court declined to grant any of the reliefs claimed and dismissed the action. The court however held that the appellant was entitled to the two month's salary in lieu of notice and the other dues which the respondent offered him in the termination letter.

The appellant's appeal to the Court of Appeal against the decision of the High Court was dismissed; the Court of Appeal affirming the judgment of the High Court. The appellant further appealed to the Supreme Court.