(1998) JELR 45607 (CA)    

Court of Appeal  ·  CA/B/338/96 ·  1 Dec 1998 ·  Nigeria
Other Citations
Coll. of Education Warri v. Odede (1999) 1 NWLR (Pt. 586) 253
SUNDAY AKINOLA AKINTAN Justice of The Court of Appeal of Nigeria MAHMUD MOHAMMED Justice of The Court of Appeal of Nigeria RAPHAEL OLUFEMI ROWLAND Justice of The Court of Appeal of Nigeria
Core Terms Beta
learned trial judge
lower court
statement of claim
writ of summons
judgment of the lower court
examination hall
fair hearing
favour of the respondent
first issue
appellate court
college of education
fair trial
1st appellant
general damages
grounds of appeal
leading judgment
present case
trial court
2nd issue
3rd appellant
absence of a cross-appeal
authority of the case of enigbokan v
award of n200,000.00 damages
bazunu j. of high court no.
bread of the rules of natural justice
briefs of argument
close of pleadings
consequential loss of right
cross-checking of the scripts
duration of the phonology paper
high court of justice warri
judgment of the trial court
order of mandatory injunction
purported expulsion of the plaintiff
rules of the college
semester examinations
statement of claim relief
state of the pleadings
student of the said college of education
sum of n1
support of her claims
view of the stage of the plaintiff respondent

MOHAMMED, J.C.A.: (Delivering the Leading Judgment): Gladys Odede, the respondent in this appeal was a student at the College of Education. Warri, the 1st appellant since 1989. Some time in 1991, the respondent was among the students of the institution sitting for the semester examinations in an examination hall. The duration of the phonology paper which the respondent was writing was 3 hours, However 15 minutes before that time, the respondent left the examination hall. When the invigilators in the examination hall checked the written papers submitted by the students at the end of the examination period, it was discovered that one script was missing. On further cross-checking of the scripts against the attendance sheet, it was discovered that the missing script was that of one Gladys Odede the respondent. When the respondent was invited and questioned about her missing scripts, she stated that she had submitted the papers to a female Youth Corper who was in attendance as one of the i…

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