The Appellant was a Principal Technical Officer with the 1st Respondent. He was allocated a 2 bedroom flat at Area 2, Section 1, Block 41, Flat 2, Garki, Abuja. On 11th April, 1989 his appointment was terminated. Following the termination, the 1st Respondent and other persons acting on its behalf as agents and servants entered the house and took possession of same. The Appellant was thereby deprived of the use and enjoyment of the premises. He claimed that his properties were damaged in the process.

He filed an action at the High Court of Justice, Federal Capital Territory. He claimed for N250,000.00 examplary damages. Parties gave evidence at the trial. The learned trial Judge gave Judgment in favour of the Appellant. He awarded him N120,268.00 special damages for trespass committed on the premises and goods.

Dissatisfied, the Respondents appealed to the Court of Appeal as Appellants. That Court overturned the decision of the learned trial Judge. In allowing the appeal, the Court dealt with an area of law. It is the position of the common law in respect of a licensee's right over estate in property. Salami, JCA, delivered the leading judgment. Relying on Dr. Chukwumah v. Shell Petroleum Development Company of Nigeria Limited (1993) 4 NWLR (Pt.239) 512, Salami, JCA, said at page 88 of the Record:

"I am bound by the decision of the Supreme Court which says that at common law a licensee has no estate in a property and can for that reason not sue his employer in trespass. The Respondent's claim is baseless. I also dismiss it. I allow the appeal and set aside the decision of the Court below".

Dissatisfied, the Respondent, as Appellant, has come to this Court.