CHINWE EUGENIA IYIZOBA, J.C.A.(Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Oyo State Ibadan Judicial Division in SUIT NO: I/1059/2006 delivered on 26/6/2009 CORAM Oladeinde J.
The Appellant a non-profit making organization employed the Respondent as a Personal Assistant to the Managing Director of the Appellant by letter dated 27/12/94. After some months of working for the Appellant with an increase in salary, some office equipment of the Appellant was stolen. The Respondent and a few other staff of the organization were suspected of the theft and charged to the Magistrate Court Iyaganku Oyo State. The Appellant placed the Respondent on indefinite leave without pay. The Respondent was later discharged by the Magistrate Court for want of diligent prosecution. The Respondent wrote several letters to the Appellant for reinstatement, all to no avail. He then instituted this action claiming in his amended Statement of Claim as follows: