KUMAI BAYANG AKAAHS J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of Sanyaolu J. of the Federal High Court, delivered on 30th September, 2003, wherein the learned trial Judge dismissed the Plaintiff's suit against the 1st Defendant and struck out the 2nd Defendant's name. In dismissing the suit, the court held that the Plaintiff failed to discharge the burden of proof placed on him by law to entitle him to judgment on his claim and that the 1st Defendant complied with the conditions laid down in the Staff Manual Exhibit D in dismissing him from his employment.
The Plaintiff now Appellant was appointed by the Defendant as a technician by a letter dated 25th May, 1965. His appointment was subsequently confirmed and became pensionable by a letter dated 30th May, 1967. He rose to the rank of Assistant Director. In 1999 he received a query Exhibit E for failure to maintain proper records for the distribution of diesel to other locations. He responded to t…