[2008]DLCA6606February 28, 2008Court of Appeal

THE REPUBLIC vs. THE VICE-CHANCELLOR KWAME NKRUMAH UNIVERSITY OF SCIENCE AND TECHNOLOGY KUMASI EX-PARTE: NNAMDI NNAKWADORO ENEKWA & 4 OTHERS

The appellants, students at Kwame Nkrumah University of Science and Technology (KNUST), were dismissed by the Vice-Chancellor following allegations of misconduct. They challenged the dismissal, claiming they were not properly invited to appear before a Committee of Enquiry as required by the University's Students Guide, and that no proper investigation or hearing was conducted before their dismissal. The appellants contended that the dismissal letter was improperly issued by the Registrar rather than the Vice-Chancellor, and that their dismissal breached natural justice principles.

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This is an appeal against the ruling of the High Court, Kumasi refusing an application by the appellants praying the trial court to quash the decision of the Vice-Chancellor of the Kwame Nkrumah University of Science and Technology, Kumasi dated 25th August 2006 by which he authorized the dismissal of the appellants from the University. The grounds of appeal as set out in the Notice of Appeal filed on 15/12/06 are: (a) The trial judge erred when he inferentially held that the Applicants/Appellants were invited by the Registrar to report to the Dean of Students or Head of the University Security when the Respondent could not exhibit any such invitation letter to contradict the Applicants/Appellants' claim. (b) The trial court erred when it held that the respondent informed the appellants about their offences when there is no evidence on record to support same. (c) The judgment is against the weight of evidence on record. Judgments of the Superior Courts 12452 Copyright © DataCe....