ABOKI JCA (Delivering the Lead Judgment): This appeal is against the ruling of A. F. D. Kuti J of the High Court of the Federal Capital Territory Abuja delivered on 16 December 1996. The facts of the case are that the plaintiff/appellant was employed as a clerk at the Jos branch of the 1st defendant/respondent’s bank where he fought with another member of staff in the banking hall at Jos, Plateau State. The plaintiff/appellant was subsequently queried. The 1st defendant/respondent found his reply unsatisfactory and dismissed him.
The plaintiff/appellant thereupon instituted an action at the High Court of the Federal Capital Territory Abuja. The 1st defendant/respondent filed a statement of defence to the plaintiff/appellant’s claim. The suit at the trial court was commenced by way of writ of summons and the claim of the plaintiff from his statement of claim reads:
“25 Based on the facts averred above, the plaintiff claims from the defendant as follows:
(a) A declaration that the termin…