OWOADE JCA (Delivering the Lead Judgment): This is an appeal against the judgment of E. O. Effiong J of the High Court of Cross River State, Calabar Judicial Division, delivered on Tuesday the 21 June 2005 in suit No. HC/496/2001.
The respondent as plaintiff before the lower court issued a writ of summons dated 15 November 2001 against the defendant/appellant. The plaintiff/respondent later filed a statement of claim whereby the defendant/appellant filed a statement of defence; this was followed by the plaintiff’s reply to statement of defence. Pleadings in the case were concluded by the plaintiff’s amended statement of claim filed on 30 March 2004 and the defendant’s amended statement of defence of 7 April 2004.
The reliefs sought by the plaintiff against the defendant in his amended statement of claim were as follows:
1. The sum of N538,866.57 (five hundred and thirty-eight thousand, eight hundred and sixty-six naira, fifty-seven kobo) being the termination benefits of the plaintif…