The plaintiffs' case all along has been simple and straight forward. His employer, African Continental Bank Limited wrote the plaintiff Mr. P. C. Mike-Eze thus:-

The plaintiff as a result of this letter (Exhibit F) sent to him dated the 19/12/1988 sued the defendant for wrongful dismissal from the defendant's service. The plaintiff claims a declaration that the said exhibit F (letter of dismissal) is unlawful, null and void and also claimed damages for breach of contract of employment. The plaintiff was actually dismissed by the defendant pursuant to a query served on him dated 3rd day of May, 1988, it is now exhibit C; his reply to the query is now exhibit D. He emphatically denied allegations of committing forgery and foreign exchange malpractices. After his total denial of the allegations and prior to his dismissal, the plaintiff was never arraigned before any Tribunal or court of law in respect of the allegations contained in exhibit C.

At the hearing, after the evidence and exhibits were received and tendered and addressed by the learned counsel to the parties, judgment was delivered in favour of the defendant on the 24th day of April, 1992, wherein the plaintiff's claim was dismissed by Mrs. Akinsanya J. of the High Court of Lagos. She concluded that "the dismissal of the plaintiff was an appropriate measure. I therefore dismiss the plaintiff's claim with N350,000 costs to the defendant."

Dissatisfied with the judgment of the trial court, the plaintiff unsuccessfully appealed to the Court of Appeal Lagos Division and filed notice of appeal containing five grounds of appeal. Two issues were formulated and filed by the appellant bordering on lack of fair hearing and insufficient evaluation of the evidence by the trial court.

In the lower court after a thorough consideration of the record of proceedings and submissions of counsel in their respective addresses the learned Justices dismissed the appeal of the plaintiff and upheld the judgment of the trial Court. The plaintiff, now appellant, further appealed to this court.