University Of Calabar & Anor. V. Dr. Ukoha Obasi Oji (2011)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

KUMAI BAYANG AKAAHS, J.C.A. (Delivering the Leading Judgment)

Pursuant to the leave granted by the Federal High court on 27/3/2007 (see page 115 of records) the Applicant filed a Motion on Notice on 3/4/2007 praying the court for the following:

(a) An order of MANDAMUS compelling the Respondents or their Agents to effect correctly the date of the Doctorate Degree award on the Applicant to 7/7/2000 when he successfully defended his ph. D. Thesis.

OR IN THE ALTERNATIVE

To effect correctly the Doctorate Degree Award on the Applicant to 1/3/2001 when he effected all the necessary corrections on the Ph.D. Thesis and same was acknowledge by the 1st Respondent.

b) To award the sum of N10,000,000.00 (Ten Million Naira) to the Appicant being special and general damages arising from the conduct of the respondents leading to this application.

Upon being served with Motion papers, the 1st Respondent filed Notice of Preliminary objection to the hearing of the suit on the following grounds:

(a) That the suit is incompetent as presently constituted; and

(b) The matter is statute barred, thereby robbing this Honourable Court of jurisdiction to entertain the claim. (see page 116 of the records)

The learned trial Judge ordered the parties to file written submissions which were adopted on 14/7/2008 and ruling was reserved to 31/10/2009. On the adjourned date the preliminary objection was dismissed with cost of N5,000.00 and the suit was adjourned to 13/11/2008 for mention (see pages 134 – 139). The parties were ordered to file written addresses for the Motion on Notice. The Applicant complied by filing his written submissions on 14/11/2008. on 25/3/2009, learned counsel for the respondents informed the court that he filed Notice of Appeal and an application for stay of further proceedings and asked for adjournment to another date which was refused and the court then invited the applicant to adopt his written address and adjourned to 31/3/2009 for judgment. On that date the Respondents who had a pending motion were absent and the court struck out the motion before it proceeded to deliver the judgment. While granting relief (a) it also awarded the sum of N5 million as general damages with costs assessed at N10,000.00 to the applicant against the respondents.

The Respondents were dissatisfied with the judgment and filed their Notice of Appeal on 16/6/2009 containing three grounds of appeal. An amended Notice containing 5 grounds of appeal was filed on 16/4/2010.

In the Appellants’ brief of argument, three issues were raised. The Respondent raised objection to all the 5 grounds in the amended Notice which was argued in the brief and urged this court to either strike out or dismiss the appeal. The respondent went further to formulate two issues for determination. The appellants filed a Reply Brief. Both counsel adopted their briefs of argument.

The three issues formulated by the Appellants are:-

1. WHETHER the learned trial Judge was right in awarding the main claim with the alternative claim as contained in the Motion on Notice dated 28/3/07 –
2. WHETHER this suit was caught by the provisions of the Public Officers Protection Act Cap. P.41 Laws of the Federal Republic of Nigeria 2004.
3. WHETHER the Respondent’s action was initiated by due process of law to confer jurisdiction on the trial Judge.

The issues contained in the Respondent’s brief are:-