OGEBE, J.C.A. (Delivering the Leading Judgment): The respondent sued the appellant before the Kano High Court claiming in para. 15 of the statement of claim as follows:-
"i. Declaration that the suspension of the plaintiff's salary and remuneration by the defendant is unreasonable, unwarranted, wrongful, unlawful and cannot be sustained in law.
ii. An order directing payment of the plaintiff's salary and entitlement from the 17th of November 1989 to date.
iii. A declaration that the plaintiff be at liberty to relinquish his appointment with effect from the date of the orders above if granted and to seek employment elsewhere."
The appellant filed a statement of defence denying the claim. The respondent gave evidence on his own behalf and on the 20th of September 1993, the learned counsel for him, Mr. Ojo Williams closed his case and the appellant's counsel before that court, Mr. Abubakar asked for a date to open their defence. The learned trial Judge, Omar J. then adjourned the case to…