Mumuni Abdanla Tonhaa v. West African Examination Council
2018
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP JUSTICE K. A. GYIMAH
Areas of Law
- Civil Procedure
- Evidence Law
- Contract Law
2018
HIGH COURT
GHANA
CORAM
AI Generated Summary
The plaintiff brought an action against the defendant for failing to award him a Diploma in Business Administration despite having passed the required subjects. The court found that the plaintiff did not meet the registration requirements for the diploma but was entitled to single subject certificates, which the defendant erred in not awarding. The plaintiff's request for the diploma was denied, but he was awarded single subject certificates and nominal damages.
Plaintiff’s Case By a writ of summons issued on 15th October 2012, the plaintiff claimed the following reliefs against the defendant: a. A declaration that Plaintiff is duly qualified for the award of Diploma in Business Administration.
b. A declaration that the Defendant’s refusal to award Diploma in Business Administration is unlawful.
c. An order directing the defendant to award the Plaintiff Diploma in Business Administration.
OR IN THE ALTERNATIVE d. An order directing the defendant to award single subject certificates to the plaintiff in (1) Business Law, (2) Business Finance and (3) Marketing which Plaintiff duly passed examinations in respect of.
e. General damages for lost of job opportunities.
f. Cost including legal fees incurred by the Plaintiff.
It is the plaintiff’s case that in the year 2004, he registered as a private candidate for the diploma option in the Advanced Business Certificate Examination (ABCE) with the defendant institution.
The plaintiff asserts that from his reading of the notes for the guidance of candidates and the responses he got from the defendant after making enquiries, he understood that in order to be awarded the Diploma in Business Administration, he needed to pass a minimum of five subjects (comprising three compulsory subjects and two optional subjects) within two years and at a maximum of two sittings.
It is the plaintiff’s case that based on this understanding, he registered and sat for part of the exams in May/June 2004 and he sat for the 2nd part (being his last) in October 2004. He passed both examinations and by the time the results for the October exams was released, he had duly met the conditions set by the defendant institution for the award of Diploma in Business Administration i. e. he had passes in the three compulsory subjects (Marketing, Business Finance and Human Resource Management) and passes in two optional subjects (Business Law and Economics). It is the plaintiff’s case that despite his passing of the examinations and meeting of the requirements for the award of Diploma in Business Administration, the defendant has refused to award him the said Diploma and has also refused to issue single subject certificates in respect of the compulsory subjects that he duly passed.
This action of the defendant has seriously affected the plaintiff in his job prospects and it continues to affect him as no prospective employer is willing to employ him without the relevant certificates.
This has seriously