This appeal is against the decision of the lower Court, (Court of Appeal, Kaduna Division) given on 10/01/94 upholding as proper the termination of the Appellant's appointment as Principal Administrative Officer in the employ of the Respondent. The Appellant was the Plaintiff and the Respondent, the Defendant, in the trial Court. In his claim before the High Court the Plaintiff has claimed as follows:

The lower Court in its decision, has held as at page 103 of the Record that the trial Court is right in refusing to grant any of the reliefs sought before it and therefore right in dismissing the suit in its entirety as having no merit. Before reaching this conclusion on a lone issue raised suo motu in this case by the lower Court it has observed at p.93 of the record that there is nothing on the record to show that the exhibits in this matter have been forwarded to it - the lower Court.

Aggrieved by the decision, the Appellant has appealed to this Court

It is common ground that until the Appellant's appointment with Respondent was terminated he served as Principal Administrative Officer in the employ of the Respondent. He, amongst other things, was charged with having absented himself from duty without leave and for putting up fraudulent claims for journeys to and from Enugu on medical appointments. The immediate facts and circumstances of this appeal are that the trial Court having failed to forward the exhibits admitted in evidence along with the Record that the lower Court nonetheless proceeded to determine the appeal on an incomplete record of appeal based on a lone issue it raised suo motu.