LawPavilion Online


Back

AHILE SEKAV DANIEL v. AKPERAN ORSHI COLLEGE OF AGRICULTURE, YANDEV

(2018) LPELR-45888(CA)

In The Court of Appeal of Nigeria

On Thursday, the 1st day of November, 2018

CA/MK/165/2017


Before Their Lordships

JUMMAI HANNATU SANKEY Justice of The Court of Appeal of Nigeria

ONYEKACHI AJA OTISI Justice of The Court of Appeal of Nigeria

JOSEPH EYO EKANEM Justice of The Court of Appeal of Nigeria


Between

AHILE SEKAV DANIEL - Appellant(s)

AND

AKPERAN ORSHI COLLEGE OF
AGRICULTURE, YANDEV - Respondent(s)


Other Citations

; ;


Summary

INTRODUCTION:
This appeal borders on award of damages.

FACTS:
This appeal is against the Judgment of the High Court of Benue State, Gboko, delivered by Kwaghar, J.

???The Appellant, a student in the Respondent institution sat for his final exams sometime in 2009. During the conduct of one of the examinations, he was accused of exam malpractice, and so the Respondent refused to release his HND/Statement of Result and Certificate. The Appellant denied this allegation and after failed attempts to get his results, filed an action before the High Court seeking the following claims against the respondent and its rector:
"(a) That his HND/Statement of Result and Certificate be released to him, just like his mates.
(b) An order of award of the sum of 5, 000, 000.00 (Five Million Naira) only as specific damages.
(c) An order of award of N50,000,000.00 (Fifty Million Naira) only as general damages jointly and severally against the 1st and 2nd defendants."

The Defendants denied the claim and parties duly filed their pleadings. At the trial, the Appellant testified in proof of his claim while the Defendants adduced evidence through three witnesses. At the close of trial and the final addresses of Counsel, the learned trial Judge struck out the name of the rector. He also entered Judgment in favour of Appellant in terms of his first relief only. No findings were made in respect of the second and third reliefs sought by the Appellant for special and general damages. Dissatisfied by the absence of a finding on the issue of damages claimed, the Appellant appealed to the Court of Appeal.

ISSUES:
The issue for determination is:
"Whether or not the trial High Court was right in failing to decide on reliefs (b)and (c) of the reliefs sought at the trial."

DECISION/HELD:
In conclusion, the appeal was allowed.


Read Full Judgment