ONNOGHEN, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of Hon. Justice M. A. Ope-Agbe of the Lagos State High Court sitting in Lagos High Court, delivered on the 26th day of May, 1995, in suit No. LD/3144/92 in which he set aside an earlier judgment in the suit which he delivered on 18th June, 1993.
The facts of the case are that the appellant was until the 27th day of March, 1991, when his appointment was terminated, an employee of the respondent. Following the termination the appellant instituted an action at the Lagos High Court challenging the termination. All the processes, including motion for judgment, were duly served on the respondent who took no steps to defend the action. Since the reliefs claimed by the appellant include declaration the learned trial Judge ordered the appellant to lead evidence in proof of his claim which was done. Learned counsel for the appellant addressed the court which entered judgment against the respondent on the 18…