KUMAI BAYANG AKAAHS, J.C.A. (Delivering the Leading Judgment) On the 17th day of October, 2002, the plaintiff/Respondent took out a writ of summons at the Federal High court, Calabar claiming against the Defendant/Appellant the following reliefs:-
"1. A declaration that the purported dismissal of the plaintiff from the service of the Defendant contained in a letter Reference Number UC/EST/JO1:00702 dated 12th August, 2002 is in breach of his constitutional right, wrongful, unlawful, irregular, null and void and of no effect whatsoever.
2. An Order of the Court setting aside the said letter.
3. A declaration that the plaintiff is still in the employment of the defendant and entitled to all his dues in form of salaries, allowances and emoluments from the purported date of dismissal (12th August, 2002) until he attains the age of retirement as prescribed by law or until he is otherwise retired as lawfully provided."
The Writ of Summons was accompanied with a Statement of Claim. The de…