<p><strong>IBIYEYE, JCA (Delivering the Leading Judgment): </strong>This appeal is against the decision of Idahosa J., of the Edo State High Court sitting in Benin in Suit No. B/371/94 wherein the appellant as plaintiff sued the respondent as defendant claiming reliefs which are particularised in his writ of summons and re-iterated as formulated in paragraph 23 of the Amended Statement of Claim. Paragraph 23 of the Amended Statement of Claim reads:-</p><p> &quot;23. Whereof the Plaintiff claims as follows:-</p><p> 1. A declaration that the termination of the appointment of the plaintiff by the Defendants (sic) from their employment before the retiring age of 55 years was unconstitutional, null and void. </p><p> 2. A declaration that the Plaintiff is still in the service of the Defendants (sic) and entitled to be re-instated to the office of post (sic) or position he held before the purported termination of his appointment or to any other appropriate or comparative office or post or position.</p><p> 3. An order directing the Defendants (…</p>