This appeal is against the judgment of the Port Harcourt Division of the Court of Appeal delivered on 7-12-2000, dismissing the appeal against the judgment of the Ahoada trial High Court of Justice Rivers State of 29-11-1990 dismissing the Appellant's action against the Respondent.

The Appellant was a civil servant under the employment of the Respondent in the Ministry of Commerce and Industry Port Harcourt as a Store Assistant. In 1977, it was discovered in the store where the Appellant was serving that 120 bales of stockfish worth N20,000.00 were missing. The Appellant who was interdicted and placed on half salary, was charged to a Magistrate Court for the theft of the bales of stockfish. After the trial, the Appellant was discharged and acquitted on 1-11-1978.

However, in 1984, a Board of Inquiry was instituted to investigate the loss of the 120 bales of stockfish from the Appellant's store. The Appellant was invited to give evidence and testified before the Board of Inquiry which in its report, though found the Appellant grossly negligent in causing the loss of the 120 bales of stockfish to his employers, recommended his reinstatement to his post in the civil service. The Respondent however refused to act on this recommendation and proceeded to terminate the appointment of the Appellant by a letter dated 1-6-1984. The Appellant who was not happy with this step taken by the Respondent inspite of the recommendation of the Board of Inquiry, filed his action at the trial High Court.

The trial Court eventually dismissed Appellant's action. The Appellant's subsequent appeal was also dismissed.

Dissatisfied, the Appellant further appealed to the Supreme Court.