HUSSEIN MUKHTAR, J.C.A. (Delivering the Leading Judgment): The appellant Mr. John Egbele had by a writ of summons dated and filed on the 25th April 2003 filed a suit in the High Court of Lagos State (hereinafter referred to as "the court below") seeking for the following declaratory reliefs:-
"i. A declaration that the purported retirement by the defendant of the plaintiff is wrongful because adequate opportunities were not given for fair hearing and a pending case cannot justify this retirement.
ii. A declaration that the defendant reinstate the plaintiff unconditionally; in alternative the defendant should adequately compensate the plaintiff for breach of employment contract which is pensionable and loss of careers prospects for pre-mature retirement by payment or additional ten percent (10%) of the final pensionable emolument and interest for necessary delay of silence to protestation.
iii. A declaration that the defendant should pay the January and February 2001 salary that was …