The appellant was employed as a cook in the respondent’s guest house in Warri. According to the appellant, on 14/5/93 the respondent’s Personnel Manager told him that an expatriate guest complained that his money was stolen in the guest house, that a man was brought to detect the perpetrator of the theft by supernatural means; that he was exonerated but was subsequently served a letter of termination of employment. The appellant therefore sued the respondent asking for a declaration that his dismissal was wrongful and an order for re-instatement or alternatively damages in the sum of N319, 744.32 for wrongful dismissal. The appellant testified on his own behalf and tendered some documents including his letter of appointment, the letter of termination and the respondents staff handbook.

The respondent testified through Mr. Lekan Alabi, its Personnel Manager. He denied bringing in a man to detect the theft of money in the guest house because no theft was reported. He identified exhibit D (the staff handbook) and denied that was given to the appellant, a temporary domestic staff, as he was not entitled to it.

He emphasised that exhibit D was not applicable to domestic staff.

At the close of trial and addresses, the trial court held that the termination of the respondent’s employment was wrongful. It then awarded him the sum of N1, 903.24 being one month’s salary and allowances in lieu of notice.

Dissatisfied with the judgment, the appellant appealed to the Court of Appeal.