JUSTIN THOMPSON AKPABIO, J.C.A. (Delivering the Leading Judgment): This is an appeal against a Judgment of former High Court of Bendel State (but now Edo State) sitting at Benin City, in suit No.B/343/87, delivered on 20th July, 1989, in which Joan Aiwerioghene, J. entered Judgment in favour of Plaintiff, by declaring that the Plaintiff was still an employee of the defendant, and so entitled to his salary and other entitlements as from January, 1986, and also Ordered that he be re-absorbed and put back in his previous position as Senior Clerical Officer in the defendant's establishment with N150.00 costs in favour of Plaintiff.
At the Court below, the present Respondent (who was then the Plaintiff) sued the Appellant (who was then the Defendant) claiming as follows:-
"The plaintiff seeks from court the following reliefs against the defendant.
1. A declaration that Plaintiff is still in the employment of the Defendant.
2. A declaration that Plaintiff is entitled to his wages, benefits…