The appellant had been dismissed from his employment with the respondent after being found guilty of insubordination. The charge is related to the source codes of computer programmes developed by the appellant, which he refused to hand over to the respondent. Prior to his dismissal, the appellant informed the respondent that he was the author of the programmes in question and that they had not been written in the course and scope of his employment with the respondent. On the assumption that he might have authorised the respondent to use his programmes, he gave notice of the termination of any licence with effect from 30 June 2002. The respondent did not comply with his demand and about a year later he instituted action claiming an interdict and damages.