Introduction

[1] This appeal concerns the appropriate procedure for use in judicial review.

[2] The facts of this case are as follows: The appellant was a Government officer attached to the Ministry of Culture, Arts and Tourism since 16 September 1993. He had a dispute with his superior and refused to turn up for work since 28 March 2001. On 25 January 2003, his solicitors wrote to the respondents enquiring about his employment status. They were informed on 7 February 2003 that the appellant was dismissed from the Government service since 25 October 2001 vide a gazette notification number 11898 dated the same day. About a year later, on 15 January 2004, the appellant filed a writ of summons and statement of claim against the respondents seeking the following reliefs:

(a) a declaration that his dismissal by the respondents is void and of no effect and that he is still a Government officer in the said Ministry;

(b) an inquiry be conducted into his salary and entitlement which he ought to receive as a Government servant;

(c) damages for wrongful dismissal;

(d) interest and costs.

[3] Responding to this, the respondents filed an application under O 18 r 19(1) (b) or (d) of the