REPUBLIC V. JUDICIAL SECRETARY; EX PARTE TORTO

ANIN J.A.

The appellant was sued in his official capacity as Judicial Secretary by the respondent, who was at all times material to this suit a circuit court judge stationed at Kumasi. The salient facts emerging from the supporting affidavits, exhibits and statement are briefly that on 17 August 1978 the respondent received a letter (exhibit A) dated 2 August 1978 from the office of the appellant reminding him that “the statutory retiring age for judicial officers other than judges of the superior courts is 55;” that according to official records he would attain that age on 8 October 1978; and that he should therefore retire from the service with effect from that date.

In his reply dated 1 September 1978 (exhibit 2) the respondent countered that the mandatory retiring age for officers in his category was 60 and not 55. Buttressing himself on regulation 48 (1) of the Judicial Service Regulations, 1963 (L.I. 319), he challenged the appellant to cite his authority for insisting upon the lo…