DAVID ADEDOYIN ADENIJI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of Maranzu, J. of the Imo State High Court sitting at Owerri, delivered on 13th May, 1996.
The learned trial Judge dismissed the appellant's claim.
The claim of the appellant in the court below was for:
"(a) A declaration that the purported dismissal of the plaintiff from his employment as a radiographer with the General Hospital, Owerri and the consequential directive that the plaintiff shall refund the sum of N165.00 to the 2nd defendant in this suit are void.
(b) The sum of N100,000,00 (One hundred thousand Naira) damages for wrongful dismissal and loss of earnings."
The appellant being dissatisfied with the lower court's decision appealed against same, filing three grounds of appeal. At the hearing of the appeal, the appellant distilled 2 issues from the three grounds of appeal filed for determination. These are:
"(a) Whether the trial court misplaced the burden of proof of th…