OPENE, J.C.A. (Delivering the Leading Judgment): In the High Court of Bauchi State holden at Bauchi, the appellant as plaintiff filed an action against the respondents claiming as follows:-
(A)Declaration that the termination of the plaintiff appointment videletter No. MOW/S/PER/4712/T of 2/7/93 is unlawful, unconstitutional and therefore null and void.
(B)An order reinstating the plaintiff to his former appointment as a watchman and for payment of all his salaries and allowances from date of termination of appointment until satisfaction of judgment.
When the matter came up before the learned trial Judge on 15/3/94, pleadings were ordered whereby the plaintiff was given 14 days to file his statement of claim while the defendants were given 30 days to file their statement of Defence and the case was then adjourned to 2/5/94.
On 2/5/94, the plaintiff was in court but his counsel was absent. The defendants and their counsel were in court and the defendants' counsel applied that the Case be s…