OYEBISI F. OMOLEYE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Edo State holden in Benin City delivered on 21st May, 1997 by Hon. Justice V.A.O. Omage J. (as he then was). The Respondent as plaintiff claimed vides his writ of summons and statement of claim against the Appellant as defendant, as follows:
(a) A declaration that the letter of 1/2/93 with Re. NNB/AGM/(B/OPS)P by which the Defendant purportedly retired the Plaintiff is inconsistent, with the conditions of service governing the plaintiff's employment, ultra-vires the Board of Directors of the Defendant and is null, void and of no effect.
(b) A declaration that the Plaintiff is entitled to remain in his continuous employment by the Defendant until he attains the age of sixty (60) years as provided by the Defendant's conditions of service.
(c) An order directing the Defendant to reinstate the Plaintiff forthwith to the position of an Assistant General Manager and to p…