FLOUR MILL OF NIGERIA LIMITED V. TAJUDEEN OGUNBAYO

ABIMBOLA OBASEKI-ADEJUMO, J.C.A. (Delivering the Leading Judgment): This is an appeal filed against the judgment of JUSTICE O. O. OKE of the High Court of Lagos delivered on 7th April 2003. The Respondent was an employee of the Appellant and worked as a Trailer Driver until he was relieved of his duties for failure to deliver goods handed over to him in the course of his duty. The Appellant impounded the Respondent's Volkswagen car and subsequently, some of the goods given to the Respondent to deliver were discovered missing. The Appellant (as defendant at the Lower Court) reported the Respondent to the police. The police cleared the Respondent of the allegation and despite this, the defendant refused to pay the Respondent's salary, refused to allow him to work neither did they release the Respondent's car to him.

The Respondent as plaintiff at the Lower Court, by a writ of summons dated the 26th day of February 1991 instituted an action against the defendant claiming certain reliefs…