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GHANA INSTITUTE OF MANAGEMENT AND PUBLIC ADMINISTRATION V. YEKSON EMMANUEL KUGBLENU

(2018) JELR 64867 (CA)

Court of Appeal  •  CIVIL APPEAL: H1/147/2017  •  8 Mar 2018  •  Ghana

Coram
V. D. OFOE JA (PRESIDING), S. DZAMEFE JA, M. M. AGYEMANG (MRS.) JA

Judgement

AGYEMANG JA

In this appeal the defendant/appellant (hereafter referred to as the defendant, or the appellant), prays this court for an order setting aside the judgment of the High Court (Financial Division) Accra, delivered on 6th June, 2016.

These are the antecedents of the instant appeal:

Until 10th June 2013, the plaintiff/respondent (referred to hereafter as the plaintiff, or the respondent) was enrolled in the two-year Master’s programme at the defendant/appellant’s School of Governance and Leadership. He was dismissed on the said date for misconduct. The plaintiff commenced an action against the defendant at the court below seeking a declaration from that court that his dismissal was unconstitutional and wrongful, as well as damages of GH¢ 200,000 and costs. At the end of a full trial, the learned trial judge entered judgment for the plaintiff, granting the declaration sought, as well as damages of GH¢ 120,000 and costs of GH¢1,000. This is the subject of the instant appeal.

The mat…

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