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KAMALUDEEN IBRAHIM INUWA V. BAYERO UNIVERSITY KANO & ANOR

(2016) JELR 41258 (CA)

Court of Appeal  •  CA/K/76/2015  •  18 May 2016  •  Nigeria

Coram
ISAIAH OLUFEMI AKEJU JCA; HABEEB ADEWALE OLUMUYIWA ABIRU JCA; OLUDOTUN ADEBOLA ADEFOPE-OKOJIE JCA;

Appearances
L.A.O. Nylander For Appellant T.E. Mosugu For Respondent

Judgement

OLUDOTUN ADEBOLA ADEFOPE-OKOJIE, J.C.A. (Delivering the Leading Judgment): The Appellant, as Plaintiff before the lower Court, sued the Respondents, as Defendants, challenging his unlawful withdrawal from the 1st Respondent's institution as an undergraduate student. He testified as sole witness in proof of his case, while 3 witnesses testified for the defence. Following conclusion of trial and consideration of written addresses, the trial Judge, Fatun O. Riman J of the Kano State High Court, in his judgment delivered on the 5th December 2014, dismissed the suit on the grounds that the case was statute barred and that the Appellant had failed to discharge the burden of proof placed on him. He also held that the Courts cannot interfere in the function of the University in the award of degrees.

Dissatisfied with this Judgment, the Appellant has appealed by Notice of Appeal dated and filed on the 27th February 2015.

In prosecution of the appeal, the Appellant, through his Counsel, N.L. Garbโ€ฆ

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