Facts:

The appellant Mr. Mbachu a qualified lawyer was employed by the respondent (and defendant in the High Court) as Secretary to the respondent Anambra- Imo River Basin & Development Auhtority. He had responded to an advertisement in the Daily Times for employment in the respondent office. The post advertised was for the Secretary to the respondent at a salary Grade Level 13. It was stated that the Secretary would be directly responsible to the General Manager and the duties were stated therein to be administrative, legal and secretarial services. His “Offer of Appointment” dated 29th September 1977 spelt out the terms and conditions of service. Having accepted the offer he agreed “to work as the Secretary to the Authority and perform any duties in the Authority which the General Manager may require him to perform.”

On 11th January 1978 the Board of the respondent reached a decision to the effect that the General Manager should perform the duties of the AGM (Admin) until the office was filled.

The appellant felt that the respondent was contractually bound to appoint him as head of administration. His complaints went unheeded. Instead the general manager found that his performance was poor and at times unsatisfactory.