OGUNTADE, J.C.A.: (Delivering the Leading Judgment): The appellant was the plaintiff in suit No. LD/1313/91 before the Lagos High Court, and the respondent was the defendant. It was a dispute arising from a contract of employment. The defendant by letter dated 19-8-99 brought the employment of the plaintiff to an end by a letter captioned "compulsory retirement". The plaintiff claimed against the defendant in paragraph 22 of his Statement of Claim thus:
"22. The plaintiff avers that he has suffered damages as a result of his unfair, irregular, unjustified and unlawful retirement by the defendant.
PARTICULARS OF SPECIAL DAMAGE
a.Salary for 24 years at N11,312.00
per annum N271,488.000
b.Other entitlements:
i.Housing allowance at 2,500.00
per annum for 24 years 108,000.00
ii.Leave allowance at 935.00
per annum for 24 years 22,440.00
iv.Bonus at935.00
per annum for 24 years 22,440.00
23.Whereof the plaintiffs claims as follows:-
a.A declaration that the plaintiffs purported retirement by the defendan…