OGBUINYA JCA (Delivering the Lead Judgment): This appeal questions the rightness of the decision of the Federal High Court, the lower court, Makurdi Division, coram, A. O. Ogie J., (as she then was), in suit No. FHC/MKD/CS/30/2004, delivered on 29 October 2008, wherein the respondents’ preliminary objection was sustained. The appellant and the respondents were the respective plaintiff and defendants before the lower court.
A resume of the factual events of the case, which transformed into this appeal is brief. The appellant got enlisted in the employ of the second respondent on 4 January 1966, as an Airman and rose to the rank of the Master Warrant Officer (MWO) before his retirement. After serving in the second respondent for 25 years, the appellant was retired vide a letter dated 24 January 1991, on account of a rationalization exercise therein. The appellant was peeved by the retirement. Consequently, on 16 December 2004, the appellant, via a writ of summons, beseeched the low…