DANIEL GARAN V. STAFF OLOMU

MUSA DATTIJO MUHAMMAD, J.S.C (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal, Benin Division, hereinafter referred to as the court below, setting aside the judgment of the Delta State High Court, otherwise referred to as the trial court in this judgment, delivered on 26th September, 1996 in suit No. W/1011986 and remitting same to the trial court for retrial before a judge other than James Omo-Agege CJ against whose judgment the defendant/respondent/Cross appellant's appeal was allowed.

Dissatisfied by the judgment, the plaintiff at the trial court who was the respondent at the court below has, with leave, appealed to this Court on a Notice, see pages 313 - 317 of the record of appeal, containing five grounds. It is pertinent to also note that the defendant at the trial court has similarly cross-appealed against the judgment of the court below on a notice containing four grounds.

The respondent who has raised and argued a preliminary o…