JUDGMENT
The plaintiff herein was a Superior Court Judge and a retired justice of the High Court. He retired from office on the 1st day of May, 2015 as per article 145 (2)(b) of the Constitution, 1992. The said article reads: “(2) A Justice of the Superior Court or a Chairman of a Regional Tribunal shall vacate his office, (b) in the case of a Justice of the High Court or a Chairman of a Regional Tribunal, on attaining the age of sixty-five years”. This means plaintiff had reached the compulsory retirement age of sixty-five (65) years as at 1st May 2015, so by operation of law as obligated by the Constitution, 1992, he had immediately ceased to be a Justice of the High Court subject only to extension as permitted under article 145 (4) of the Constitution, 1992. This clause (4) of article 145 provides: “Notwithstanding that he has attained the age at which he is required by this article to vacate his office, a person holding office as a Justice of the Superior Court or a Chairman of a …