Facts:

The four plaintiffs were employed as bottling operatives by the defendant at different occasions in 1989, 1987 and 1994 respectively and were all transferred to the depot in 1997 without prior training as security personnel along with other security staff. In March 1999, the plaintiffs were arrested after closing from work and accused of stealing 21 crates of Coca Cola product and were locked up in the toilet and tortured to confess.

The plaintiffs complained that the depot Manager extorted the sum of 335,000 from their accounts with the Credit Cooperative Society as the only condition for their release. On their release, the plaintiffs reported for duty but were not allowed to go back to work. Their appointments were terminated without giving them fair hearing.

The plaintiffs therefore instituted a suit at the Ikeja Division of the Lagos State High Court challenging the purported termination of their employment, the sum of N35,000 withdrawn from their Cooperative Society Accounts and N1,000,000 each as exemplary damages for their detention.

In proof of their claims, the plaintiffs testified and called one witness. The defendant also called one witness to deny their liability by way of written deposition. The defendant deposed that the termination of appointment of the plaintiffs were for gross misconduct and also alleged that that a number of queries had been issued on the plaintiffs.