The respondent herein Mrs. Jummai R. I. Anyip, was an employee of the appellant and was interdicted by the appellant on an allegation of theft of expired drugs. In exhibit 3, the appellant clearly stated that the respondent's fate would be determined by the outcome of the report of an Administrative Disciplinary Committee which was set up to investigate the allegations against her. The committee went into action and conducted investigations into the allegation made against the respondent. In its report which wax tendered as Exhibits 5 and 6 the respondent was exonerated and recommended to be reinstated to her employment. Nonetheless, the appellant dismissed the respondent from its employment

Dissatisfied with the action of the appellant the respondent instituted this action against the appellant al Kaduna State High Court herein referred to as trial court. The respondent as plaintiff claimed against the appellant thus;-

After the closure of the pleading, both parties called their respective witnesses after which the counsel addressed the court. In its judgment the trial court dismissed all the plaintiffs’ claims.

Dissatisfied with the trial court's decision, the plaintiff successfully appealed to the Court of Appeal Kaduna Division herein called (lower court the lower court found merit in the appeal and allowed same. The lower court unanimously held thus:-

"The condition of appointment of the Institute, as contained in chapter 2 Section 5 of the Institute of Health Staff Regulations including the following;

"The Institute may at anytime for good course terminate your engagement by two months' salary in lieu of notice".