F. F. TABAI, J.S.C. (Delivering the Leading Judgment): There are, before us, an appeal and a cross-appeal from the decision of the Benin Division of the Court of Appeal dated the 21st of January,2002. The action itself was commenced at the Warri Judicial Division of the High Court of Delta State on the 11th of December, 1998, when the Writ of Summons was issued. Pleadings were settled. The plaintiff who is the respondent/cross-appellant herein claimed against the defendant which is the appellant/cross-respondent the reliefs set out in paragraph 42 of the Amended Statement of Claim as follows:
42 WHEREOF the plaintiff claims against the defendant:
(i) A Declaration that the summary dismissal of the plaintiff by the defendant as contained on the defendant's letter of 24th April,1998, is unlawful, illegal, unconstitutional, null and void and of no effect whatsoever.
(ii) A Declaration that the purported dismissal of the plaintiff from the services of the defendant for concocted reasons …