This is an appeal against the judgment of the Court of Appeal Benin Division delivered on 4th March, 2005, wherein the Court below set aside the judgment of the trial State High Court for lack of jurisdiction and struck out the claim of the appellant who was the plaintiff at the trial Court. A perusal of the record of appeal shows the following as the facts leading to this appeal.

The appellant as plaintiff sued the Respondents as defendants before the High Court of Delta State, holden at Warri, claiming the following:

The appellant in this appeal was a casual driver with the 1st Respondent, Warri Refinery and Petrochemical Company Ltd., then as Petrochemical section of the NNPC at Ekpan. He applied for employment as driver 11 on the 1st Respondent's salary grade level 16/1. In August, 1986, the Appellant was interviewed along with others for regular employment with the corporation. However, on or about 30th December, 1986, he was dismissed from service. In June, 1987, he was invited by the 1st Appellant's letter to attend a medical test, a condition upon handing over to him his letter of employment by the 1st Respondent which letter was alleged at the material time to be in the custody of the 2nd Respondent, an employee of the 1st Respondent assigned to the Petrochemical section of NNPC, Ekpan as its Project Manager. Appellant states that he passed the medical test conducted and medical report was issued to him which automatically entitled him to be employed as a driver. That the 2nd Respondent withheld the letter of employment issued by the 1st Respondent to the appellant without any just cause, consequent upon which he instituted the action.

In his judgment, the learned trial judge found for the plaintiff and found he is is entitled to general damages. In plaintiffs alternative claim at paragraph 14 (c) of his statement of claim, he claims the sum of N500,000 (Five Hundred Thousand Naira) as general damages.

Having regard to all I have said in respect of 2nd defendants wrongful act, I award the sum of N300, 000 (Three Hundred Thousand Naira) as general damages against 2nd defendant. Dr. Dena for his wrongful act of arbitrarily withholding plaintiffs letter of appointment in his capacity as servant of 1st defendant company who is vicariously liable."

Dissatisfied with the above judgment of the learned trial judge, the Respondents herein appealed to the Court of Appeal as Appellants. The lower Court set aside the judgment of the High Court of Delta State on the ground that the said State High Court lacked jurisdiction to entertain the matter and to make the orders it made in the judgment.

Also dissatisfied with the judgment of the Court below, the Appellant has appealed to this Court.