NZEAKO, J.C.A. (Delivering the Leading Judgment): On the 12th of July, 2001, Okeke, J. sitting at the Federal High Court of Justice, Jos Division, Plateau State, Nigeria delivered in favour of the defendant, the ruling now appealed against by the plaintiff who was dissatisfied with it.
The brief background to this matter is that the plaintiff in an action which he filed on 22/11/99, claimed against the defendant, as shown in paragraph 22 of his statement of claim the following reliefs:
"1. A declaration that the plaintiff's services with the defendant from 7th October, 1976 to 19th April, 1991 and from 1st August, 1991 to 31st July, 1998 are condonable, continuous and pensionable within the Public Service of the Federal Republic of Nigeria.
2. An order directing the defendant to condone the break which occurred in the plaintiff's service from 19th April, 1991 to 31st July, 1991, as a result of the defendant's letter of redundancy, which letter the defendant subsequently withdrew.
A…