Facts:

The appellant was a tanker driver with the respondent company and by a letter he was informed that his services were no longer required with effect from 05/1/98. When all efforts to persuade the respondent to rescind its decision failed, he engaged the services of a legal practitioner, who wrote a number of letters to the respondent, and when that also failed to achieve any results, the appellant instituted an action at the Ibadan High Court of Oyo State, wherein he claimed in his writ of summons a declaration that the termination of his appointment was illegal, unconstitutional and not in accordance with the terms and conditions of his employment with the respondent company and also claimed for the sum of N10 million naira as general damages for the unlawful termination of the his employment. The respondent in turn filed its statement of defence.

However, the appellant amended his statement of claim pursuant to an order of court by adding thereto four new paragraphs wherein he stated inter alia that as at the time his appointment was unceremoniously determined he was only 45 years old and had intended to resign/retire from the service of the defendant on reaching the age of 65. The plaintiff/appellant further stated that in order to know the exact amount he would have earned if his appointment had not been determined with the defendant, he contacted a firm of chartered accountant and management consultant.