Facts:

Facts:
In 2004, the respondent entered into a contract of employment with the appellant.
The terms of contract indicated that the respondent would be on probation for a
period of three months and either party could immediately terminate the
employment during the period of probation. Furthermore, the contract of
employment stipulated that after three months the employment of the respondent
will be confirmed and that three months’ notice will be required to be given by each party in case of termination of the employment. After the expiration of the
three months probationary period, the appellant failed to confirm the employment
of the respondent but continued to retain his services, paying him his entitlements
and making representations to third parties suggesting that the respondent was
in its employment. The relationship between the parties continued until sometime
in 2005 when the appellant terminated the employment of the respondent without
giving him any notice. The respondent was aggrieved and filed a suit against the
appellant at the High Court of Lagos State alleging wrongful dismissal and claiming
damages. After the conclusion of trial, the judge gave judgment in favour of the
respondent and held that the appellant was liable in damages to the respondent.
The trial court however, failed to consider and make pronouncement on the
counter claim incorporated into the statement of defence of the appellant.
The appellant was dissatisfied with the judgment of the trial court and filed a
notice of appeal at the Court of Appeal, Lagos Division urging the court to reverse
the decision of the trial court. The appellant distilled four issues from its grounds
of appeal and one of them was whether the trial court was right in holding that the
respondent’s employment was deemed confirmed immediately after the probation
period without meeting the other conditions precedent and in the absence of a
formal confirmation letter. Another salient issue raised by the parties was whether
the trial court was right in failing to make a finding and pronouncement in respect
of the appellant’s counter claim.