GALADIMA JCA (Delivering the Lead Judgment): This is an appeal against the judgment of Honourable Justice Sylvanus Adiewere Nsofor (J) (as he then was) in suit No. HAM/20/83 sitting atAboh-Mbaise of the HighCourt of Mbaise Judicial Division of Imo State of Nigeria, delivered on 26 May 1986, dismissing entirely the claim of the plaintiff, now the appellant. The appellant was dismissed from the Teaching Service of the Imo State Education Board (the defendant, but now the respondent, with effect from 5 January 1982, by the respondent’s letter reference No. IM/SEB/ ADS/478/Vol.1/1 dated 5 January 1982.
On 11 February 1983, the appellant commenced action against the respondentseeking in his statementof claim for a declaration that his dismissal was illegal, null and void and of no effect. That he was entitled to all his benefit accruing since 5 January 1982 and an injunction restraining the respondent from continuing the illegal act. The respondent did not file any statement of defence bu…