THE WEST AFRICAN EXAMINATIONS COUNCIL V. FELIX IWARUE OSHIONEBO

ADEREMI, JCA (Delivering the Leading Judgment): This is an appeal against the Federal High Court sitting in Benin in suit No: FHC/B/CS/57/2/99 delivered on the 14th of June 2002. The plaintiff who won at the court below had by paragraph 35 of his further amended statement of claim filed, by the leave of court claimed against the defendant in that court, the following reliefs: -

"(1) a declaration that the Plaintiff have done 31 years of service in the establishment of the defendant, the defendant can only disengage him (the Plaintiff) by retiring him and not termination.

(2) a declaration that the plaintiff having put in 31 years of service as aforesaid before he was purportedly terminated by the defendant is entitled to gratuity, terminal leave allowance, repatriation allowances and pension as contained and provided for in the defendant's Conditions of Service and relevant circulars, memos and laws applicable to defendant. The total terminal benefit is ₦1,120.078.15K.

(3) an order c…