Facts:

Facts:
The appellant is a company registered to carry on the business of providing various categories of skilled and unskilled labour to service companies. The respondent entered into an agreement with the appellant covering the respondent’s facility along East-West Road, Isiolu in Rivers State.

The agreement made provisions for termination with ninety days’ notice must be given by parties before termination can be effective. The agreement also provided for cases of strike action by the workers and stated inter alia that the appellant shall take all measures to prevent a strike, provide adequate warning to the respondent and that the appellant shall take immediate steps to bring about resumption of normal work.

The workers at the respondent’s facility embarked on a strike, and without complying with the termination provision of the agreement, the respondent immediately terminated the contract on the ground that the appellant had committed a fundamental breach by not complying with its obligations to the respondent with respect to the provision dealing with strike.

The appellant was aggrieved and filed an action against the respondent at the Lagos State High Court. After trial, the court gave judgment in favour of the respondent. The appellant appealed to the Court of Appeal, Lagos division. One of the issues raised for determination was whether from the facts of the case and evidence admitted and a proper construction of the service agreement, the contract can be terminated outside the contemplation of the provision.