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(Prepared by ADEMOLA, CJN and Read by MADARIKAN, JSC):This is an appeal from the judgment of Adebiyi, Acting Judge, (as he then was), in the High Court of Lagos, in which he entered judgment for the plaintiff/respondent for a sum of 34,972pounds and 100 guineas costs. The plaintiff had claimed a sum of 38, 709pounds.6.7, as damages for wrongful termination of appointment and/or breach of his contract of appointment.
The defendants/appellants had earlier filed one ground of appeal but later obtained leave to file three additional grounds. The whole argument before us, however, centered on the interpretation of a paragraph of the conditions of service laid down by the defendants/appellants hereinafter referred to as the Authority. The said paragraph known as paragraph 1505, as later amended in 1960, reads as follows:-
"A pensionable officer may at the discretion of the Authority continue in pensionable service up to the age of 60 years provided that yearly intervals after attaining the …