AMOAH AND OTHERS vs. WEST AFRICAN EXAMINATIONS COUNCIL AND OTHERS

Three plaintiffs brought an action against the West African Examinations Council (WAEC) and others after WAEC purportedly cancelled the results of the June 1970 General Certificate of Education school certificate examination held in 36 centres in Kumasi. The plaintiffs sought reliefs including declarations as to the validity of the June examination, the illegality of the cancellation of results, entitlement to certificates under section 6(b) of the West African Examinations Council Act, 1970 (Act 332), an injunction to restrain the holding of the November 1970 examinations, and damages for negligence. The immediate application before the court was for an interim injunction to stop the November examinations scheduled between 16 November and 2 December 1970. Portion of judgment: “This is an application by the plaintiffs for an order of interim injunction restraining the defendants from conducting examinations in four subjects scheduled to take place during 16 November to 2 December 1970.” Also: “The plaintiffs’ claims as endorsed on the writ are for: a an order of mandamus ... b an order that the purported cancellation of the results is inequitable, unjust and illegal; c an order that the defendants do forthwith award certificates...”

This is an application by the plaintiffs for an order of interim injunction restraining the defendants from conducting examinations in four subjects scheduled to take place during 16 November to 2 December 1970. Before the hearing of the motion, counsel for the defendants sought leave to raise and argue certain preliminary objections notice of which had been given in the defendants’ affidavit in opposition to the motion. The preliminary objections were based on two matters, namely, that the writ and statement of claim disclose no cause of action and that the writ is bad. The plaintiffs’ claims as endorsed on the writ are for: (a) an order of mandamus that the defendants do forthwith declare as valid the June 1970 General Certificate of Education school certificate examination held in 36 centres in Kumasi; (b) an order that the purported cancellation of the results is inequitable, unjust and illegal; (c) an order that the defendants do forthwith award certificates on the resul...