JOHN EGBELE V. THE POSTMASTER GENERAL

MUKHTAR JCA (Delivering the Lead Judgment): The appellant, Mr. John Egbele had by a writ of summons dated and filed on 25April 2003 filed a suit in the High Court of Lagos State (hereinafter referred to as “the court below”) seeking for the followingdeclaratory reliefs:

“i. A declaration that the purported retirement by the defendant of the plaintiffis wrongfulbecause adequate opportunities were not given for fair hearing and a pending case cannot justify this retirement. ii. A declaration that the defendant reinstates the plaintiff unconditionally; in alternative the defendant should adequately compensate the plaintiff for breach of employment contract which is pensionable and loss of career prospects for pre- mature retirement by payment or additional ten percent (10%) of the final pensionable emolument and interest for necessary A delay or silence to protestation. ii . A declaration that the defendant should pay the January and February 2001 salary that was not paid up till now be…