SOLOMON K. YEBOAH AND UNIVERSITY OF GHANA, LEGON [2012]DLCHRAJ6016

Date	2012-03-28
Suit No.	CHRAJ/2010/HQ/02291/1186
Citation No.	[2012]DLCHRAJ6016

JOSEPH WHITTAL

[2012]DLCHRAJ6016
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													<main id="main" class="content" style="min-height: 60rem" ><span style="font-size:12.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#00B050">SOLOMON K. YEBOAH<o:p></o:p>(COMPLAINANT)<o:p></o:p>AND<o:p></o:p><span style="font-size:12.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#00B050">UNIVERSITY OF GHANA, LEGON<o:p></o:p>(RESPONDENT)<o:p></o:p>(CHRAJ)<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.0pt;
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<p class="MsoNormal" style="margin-bottom:5.0pt;text-align:justify;mso-pagination:
none;border:none;mso-border-bottom-alt:solid windowtext .5pt;padding:0in;
mso-padding-alt:31.0pt 31.0pt 1.0pt 31.0pt;mso-border-shadow:yes">CHRAJ/2010/HQ/02291/1186&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; 28-3-2012<o:p></o:p>

<p class="MsoNormal" align="center" style="margin-bottom:5.0pt;text-align:center;
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padding:0in;mso-padding-alt:31.0pt 31.0pt 1.0pt 31.0pt;mso-border-shadow:yes">DECISION<o:p></o:p>

</div>The complainant is a former
student of the University of Ghana Legon, Respondent herein. In his complaint
dated 7th October 2010 which was filed with the Commiss 11th October 2010, the
complainant alleged that the respondent made him pay to them six hundred and
sixty Ghana cedis (GH¢660) as examination registration fee. However the
respondent did not allow him to write the examinations. He therefore petitioned
for the refund of his money.<o:p></o:p>COMPLAINT <o:p></o:p>According to the complainant he entered the University of Ghana,
Legon in the 2004/2005 academic year to pursue a degree program. He failed a
paper in the course of his studies and could not write within the stipulated
time. He therefore could not graduate in 2006/2007 academic year. Complainant
further claimed that after two years the respondent asked him to pay a penalty
of GH¢660 before he would be allowed to rewrite the failed paper. He
accordingly paid the said sum. However a few weeks before the examinations he
was informed that he could not rewrite the exams because the respondents'
record disclosed that the complainant was dismissed in level 300.<o:p></o:p>RESPONDENTS' COMMENTS TO COMPLAINT <o:p></o:p>In their comments dated 9th
February 2011 the respondents confirmed that the complainant entered the
University of Ghana in the 2004/2005 academic year to pursue a Bachelor of Arts
degree programme. They further stated that the complainant obtained a
cumulative grade point average (CGPA) of 1.32 at the end of the second semester
of his second year (level 200). This CGPA that was obtained by the complainant
constituted a failure under the rules of the respondent. As a result of the
said failure the complainant was withdrawn from the University effective the
end of the first semester of his third year (level 300) in 2005/2006 academic
year pursuant to Clause 27(2) of the University's Handbook for the Bachelor's
Degree (2003-2005).<o:p></o:p>According to the respondent,
notwithstanding the withdrawal of the complainant from the University, the
complainant managed to register for subsequent classes after Level 300 until
2009 when the University detected the anomaly and refused to permit him to
register for his courses. The respondent informed the Commission tha investigating
to find out how the complainant managed to register for classes after the
second semester of Level 300 when he had been withdrawn from the University.<o:p></o:p>COMPLAINANT'S RESPONSE TO COMMENTS <o:p></o:p>In a response dated 16th March
2011 the complainant claimed that the University did not inform him about his
withdrawal from the University. He further claims that it was at level 200 that
respondent provided him with his CGPA but apart from this information he was
not informed about any withdrawal. According to the complainant he registered
for both level 300 and 400 courses. He only got to know about his withdrawal
after he had fully paid his school fees and was trying to register to rewrite a
referred paper. The complainant further claimed that he even wrote the first
semester examinations for level 300 and obtained his results. It was the second
semester results which did not appear for which reason he wrote to the Academic
Affairs of the University for it to be rectified. The complainant's case is
that since he paid the GH¢660 to the respondent to enable him rewrite the
referred paper and the respondent refused to allow him, then all he wants is
for the respondent to refund to him the GH¢660.<o:p></o:p>EVIDENCE <o:p></o:p>In addition to the complaint and the comments received from the
complainant and respondent respectively, the Commission also received the
following documentary evidence:<o:p></o:p><o:p>&nbsp;</o:p><p class="MsoNormal" style="margin-top:0in;margin-right:0in;margin-bottom:5.0pt;
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