MARY UKAEGO PETER-ODILI, JSC (Delivering the Leading Judgment): This is an appeal against the decision of the Court of Appeal, Calabar Division delivered on the 10th of December, 2007, Coram: V.A.O. Omage, N. S. Ngwuta and M. A. Owoade JJCA
The Court below upheld the appeal of the Respondent and quashed the Respondent's retirement from the services of the Appellant herein and directed the continuation of the Respondent's employment as Chief registrar of the High Court of Justice of Cross River State.
The Appellant being dissatisfied with the said decision of the Court below appealed to this court vide Notice of Appeal filed on 28th February, 2008.
FACTS BRIEFLY STATED:
The Respondent was the Chief registrar of the Cross-River State High Court and was by Order of Court appointed the Receiver of the estate of Chief Effiom Okon Effiom, who died intestate which was the subject of litigation pending before the High Court of Cross-River State.
On the 14th of May, 2001, the Respondent was re…