B. A IMONIKHE V. UNITY BANK PLC

WALTER SAMUEL NKANU ONNOGHEN, J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal Holden at Benin City in appeal no. CA/B/301/98 delivered on the 10th day of December, 2001 allowing the appeal of the present respondent against the judgment of the High Court of Edo State Holden at Benin city in suit no. B/127/91 delivered on the 5th day of January, 1996.

The present appellant had instituted an action against the respondent in which he claims in paragraphs 25 and 26 of the Amended Statement of Claim as follows:-

"25. The plaintiff claims from the defendant as follows:-

(i) A declaration that the dismissal of the plaintiff from the Defendant Bank through a letter dated 6/7/1990 signed by Mrs. G.A. Almona, the Industrial Relations Manager of the defendant Bank of Industrial Relation Department on the basis of consideration by the Disciplinary committee is wrongful, unconstitutional, null and void.

(ii) A declaration that the dismissal of the…