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UNIVERSITY OF CALABAR DR. A. N. BASSEY V. DR. UKOHA OBASI OJI

(2009) JELR 52515 (CA)

Court of Appeal  •  CA/C/181/2008  •  16 Dec 2009  •  Nigeria

Coram
JA’FAARU MIKA’ILU JCA NWALI SYLVESTER NGWUTA JCA (Read the Lead Judgment)

Appearances
William Agbor, Esq. (with him, A. Onung (Mrs) - for the Appellant. D -*- Chief Okey I. Nwamuo Esq. - for the Respondent.

Judgement

NGWUTA JCA (Delivering the Lead Judgment): This is an appeal against the rulingdelivered byAdemola, J., the presiding Judge of the Federal High Court, Calabar Judicial Division. The ruling in suit no. FHC/CA/16/07 was delivered on 31 October 2008.

The respondent was a student of the appellant. He was a candidate for the Ph.D Degrees in Economics. According to the respondent, he defended his thesis on 7 July 2000 and effected corrections therein on 1

March 2001. He was awarded the Ph.D Degree in Economics with effect from 30 June 2004. He wanted the award backdated to 7 July 2000 when he defended his thesis or 1 March 2001 when he corrected errors in the thesis. The respondents would not accede to his demand consequent upon which he approached the Federal High Court for redress. Based on his ex parte application filed on 7 March 2007 and granted on 27 March 2007, the respondent herein, then applicant filed a motion on notice for: “(a) An order of mandamus compelling the respondents…

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