Adeniran Tobi Onagoruwa V. Joint Admissions and Matriculation Board (2000)

LawGlobal-Hub Lead Judgment Report

GALADIMA, J.C.A. 

This appeal is from a judgment of the Federal High Court, Lagos in Suit No. FHC/L/CS/630/99, delivered on the 29th February, 1999 dismissing the plaintiff’s claims in its entirety with costs.

The facts of this case are very simple and straightforward. The Appellant as the plaintiff had filed a claim against the Respondent, as the defendant claiming for declaratory reliefs, an order of injunction restraining the Respondent and also N5,000,000.00 (Five Million Naira) being special and general damages. The claim was in respect of the cancellation of the Appellant’s result at the 1993/94 University Matriculation Examination and withdrawal of the provisional admission granted to the Appellant by the Respondent to read for a degree course, in Electrical Engineering at the University of Ilorin, Kwara State. By order of injunction granted on 27/6/94, the lower court permitted the appellant to continue his course of study at the University, pending the determination of this case. However, by judgment delivered on 26/1/1999, the lower Court dismissed the appellant’s claim in its entirety.

Being dissatisfied with the said decision, the Appellant now lodged this appeal, on four ground, which without their particulars read as follows:

“GROUND ONE

The learned trial Judge erred in law in declining to make a declaration that the plaintiff is not connected with fraud. cheating, falsification of result or any examination malpractices at the 1993/94 University Matriculation Examination.

GROUND TWO

The learned trial Judge erred in law when he held in connection with the word ‘provisional’ appearing on the admission letter issued to the plaintiff by the defendant that:

“The ordinary meaning of the word “Provisional’ is simple and straight which does not require any brain cracking to know what it means. Provisional means provisional. That is tentative, not confirmed.

GROUND THREE

The learned trial Judge erred in law in declining to restrain the defendant, its servants, or agents from interfering with the admission, registration, matriculation and studies of the plaintiff at the University of Ilorin.

GROUND FOUR

The learned trial Judge erred in law in declining to award damages against the plaintiff.”

In compliance with Order 6 rules 2 and 4 of the Court of Appeal Rules, 1981, (as amended), parties filed and exchanged briefs of argument which were adopted at the hearing of this appeal on 15/912000. Four issues were formulated for determination by the appellant as follows: