FEDERAL MORTGAGE FINANCE LTD. V. HOPE OFFIONG EKPO

THOMAS JCA (Delivering the Lead Judgment): This is an appeal A against the judgment of Philomena M. Ekpe J., of Cross River State High Court of Justice, Calabar Judicial Division delivered on 19th day of April, 2002, in suit No. C/87/98 between the respondent who was the plaintiff against the appellant who was the defendant.

The respondent claimed in the court below as per his amended statement of claim in paragraph 28 thus: “WHEREOF the plaintiff claims from the defendant as follows:

A declaration that the plaintiff having served the defendant for a period of 8 years is entitled to be paid his gratuity in accordance with the Staff Conditions of Service.

An order that the plaintiff be paid his gratuity by the defendant having served it faithfully and diligently for eight years. General damages of N3 million (Three million naira only) against the defendant for wrongfully and illegally withholding the plaintiff’s gratuity and exposing him to financial hardship and mental agony.” Pleading…