The appellant was employed by the 1st respondent as its State Secretary. He retired in 1985. The 2nd respondent was the State President while the 3rd respondent was the State Secretary.
Respondents' alleged that the appellant failed to hand over two items belonging to them namely
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a.
Telephone No.(052) 223449 and
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b.
one Imperial Typewriter and they thus halted pension payments. Appellant then instituted the action which led to this appeal against the respondents.
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The learned trial Judge held that the plaintiff/appellant was entitled to his original pension but dismissed the entire claim of the plaintiff/appellant and gave judgment for the 1st defendant/respondent on its counter claim as follows:-
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a.
"The plaintiff is hereby ordered to return the telephone No.223449 to the 1st defendant forthwith.
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b.
The plaintiff is also ordered to return the Imperial 70 Typewriter to the 1st defendant or in default to pay the value which is the sum of five thousand naira (N5,000.00).
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c.
The plaintiff is also to pay the 1st defendant the sum of N14,000.00 (Fourteen thousand naira) for the loss of use of the typewriter as damages for its detention.
I assess the cost in favour of the 1st defendant at N600.00 (six hundred naira) as against the plaintiff".
Dissatisfied with the judgment of the learned trial Judge, the plaintiff appealed to the Court of Appeal.
