PETER-ODILI JCA (Delivering the Lead Judgment): This is an interlocutory appeal against the decision/ruling of the High Court of Justice,
Kaduna, per Abdulkadir A. Othman J. delivered on 1 June 2005. At the court below, the appellant herein was the defendant/applicant, while the respondent was the respondent in the notice of preliminary objection dated 22 February 2005. At the conclusion of the argument on the preliminary objection by counsel, the trial court dismissed same for lack of merit.
Dissatisfied with the ruling, the appellant filed a notice of appeal.
The appellant was sued by the respondent via a writ of summons dated 26 August2002 for among other reliefs, adeclaration that the purported dismissal of the plaintiff from service of the defendant is illegal, null and A void, and of no legal consequences whatsoever in that same was in breach of the collective agreement binding the plaintiff and the defendant. The respondent as plaintiff at the court below filed a statem…