By a writ of summons dated 17-9-1 996, the Plaintiff instituted this action against the Defendant for wrongful termination of employment. Pleadings were duly filed and later amended by the parties before the-Plaintiffs claim came for hearing before the High Court of Justice of Delta State at Warn. In his amended statement of claim the Plaintiff claimed in paragraph 36, the following reliefs -

"36. WHEREFORE the Plaintiff claim as follows:

At the hearing of the case, only the Appellant as Plaintiff testified in support of his claims and no other witness was called by him. On the part of the Defendant, its learned counsel saw no need in calling evidence in the matter thereby leaving the statement of defence bare and unsupported. After receiving addresses from the learned counsel of the parties, the learned trial Judge, Narebor J. in his judgment delivered on 15-12-1998, found for the Plaintiff, granting him all the reliefs claimed including the alternative relief of reinstating the Plaintiff to his employment in the Defendant company.

The Defendant being dissatisfied with the Judgment of the trial Court, appealed against it to the Court of Appeal Benin Division. The appeal was heard on the respective briefs of argument filed by the parties and in a unanimous decision of that Court delivered on 2-4-2001, the Defendant's appeal was allowed. The judgment of me trial Court in favour of the Plaintiff was set aside and replaced with the award of N7,500.00 only, as damages to the Plaintiff for the wrongful termination of his employment by the Defendant.

The Plaintiff being unhappy with the judgment of the Court of Appeal depriving him of the benefits of the judgment of the trial High Court in his favour, has now appealed to this Court.