Cookie Policy
NGWUTA, JCA (Delivering the Lead Judgment): The appellant was employed by the respondent on 8th August 1966. The capacity in which he was employed was not disclosed by either side. He was not to be retired until he is 60 years old. He could voluntarily retire before the age of 60 with full benefits but he cannot exercise this option before the age of 50 years. The respondent could retire him before the age of 60 but not before the age of 50if found unhealthy and unproductive. In the same vein, he could continue in service after the age of 60 if found healthy, productive and willing to continue in his employment.
On 28th June 1995 the appellant was served a notice of retirement with effect from 30th June 1995. He was paid his full retirement benefits , including three months’ salary in lieu of notice of retirement on 30th September 1995.
The plaintiff/appellant initiated an action on 24th January, 1997. On 9th June, 1997 he was granted leave to amend the writ of summons and claim endor…