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OMUETI V. UNIUYO & 3 ORS

(2019) JELR 113399 (CA)

Court of Appeal 8 Mar 2019 Nigeria
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Case Details

Suit Number:CA/C/159/2016
Judges:MOJEED ADEKUNLE OWOADE, JCA OBANDE FESTUS OGBUINYA, JCA YARGATA BYENCHIT NIMPAR, JCA
Counsel:E. Iseh, Esq. for the appellant. Bassey Anwanane, Esq. (with him, Osinachi Udo, Esq.) for the respondents.
Location:Calabar

OBANDE FESTUS OGBUINYA, JCA (Delivering the Leading Judgment): This appeal probes into the correctness of the decision of the Federal High Court, sitting at Uyo (hereinafter addressed as “the lower court”), coram judice: I. L. Ojukwu, J., in Suit No. FHC/UY/CS/27/2015, delivered on 5th November, 2015.  Before the lower court, the appellant and the respondents were the plaintiff and the defendants respectively.

The facts of the case, which metamorphosed into the appeal, are amenable to brevity and simplicity. In the 2010/2011 academic session, the appellant, who possessed a B.Sc (Human Physiology) was admitted, through direct entry, with registration No. 10/CS/MB/614, to study Bachelor of Medicine and Bachelor of Surgery (MBBS) in the first respondent. The appellant was, also, under scholarship sponsorship of ₦200,000.00 per annum. By the general regulations of the first respondent, the appellant was required to pass all the part II MBBS examinations (Biochemistry examinations), usuall…

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