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ANI
V.
UNIVERSITY OF IBADAN

(1991) JELR 79319 (CA)

Court of Appeal 12 Dec 1991 Nigeria
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Judges:IBRAHIM KOLAPO SULU-GAMBARI, J.C.A.(Presided), OKAY ACHIKE, J.C.A. (Read the Leading Judgment), UMARU ATU KALGO, J.C.A.
Counsel:L.A. Okunnu (Miss) (with her, A. A. Osara) - for the Appellant Chief A. M.O. Akande - for the Respondent
Other Citations:(1992) 5 NWLR (Pt. 240) 217

ACHIKE, J.C.A. (Delivering the Leading Judgment): This appeal lies within a very narrow margin but is of considerable procedural interest.

With the leave of Court, the Appellant by motion on notice filed on 21/6/ 84 applied for an order of mandamus directing the Respondent, the University of Ibadan through its Board of Postgraduate School to hear and determine the Master of Surgery thesis of Dr. Augustine Ani by conducting an oral examination in compliance with Regulation 7 governing the award of the Degree of Master of Surgery and Doctor of Medicine of the University of Ibadan. The motion on notice was duly served on the Respondent on the 25th June, 1984 at its Lagos Office and appearance entered on 3rd July, 1984. On 5th July, 1984 Respondent's counsel filed a motion for the trial of a preliminary issue, namely, that the High Court of Lagos State has no jurisdiction to hear and determine the matter and that the service of legal process on the respondent at its Lagos office was irregu…

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