ALFRED TIBIRU ALOA vs. UNIVERSITY OF GHANA [2015]DLCA4520

Date	2015-11-26
Suit No.	CIVIL APPEAL: H1/96/2015
Citation No.	[2015]DLCA4520

MARFUL-SAU JA (PRESIDING)

ACQUAYE JA

AGYEMANG (MRS.) JA

EMMANUEL OHENE FOR THE DEFENDANT / RESPONDENT

MR. JAMES AGALGA FOR THE PLAINTIFF / APPELLANT

[2015]DLCA4520
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													<main id="main" class="content" style="min-height: 60rem" >ALFRED TIBIRU ALOA<o:p></o:p>(PLAINTIFF / APPELLANT)<o:p></o:p>vs.<o:p></o:p>UNIVERSITY OF GHANA<o:p></o:p>(DEFENDANT / RESPONDENT)<o:p></o:p>[COURT
OF APPEAL (CIVIL DIVISION), ACCRA]<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

CIVIL APPEAL: H1/96/2015&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;DATE: 26TH NOVEMBER
2015<o:p></o:p>

MR.
JAMES AGALGA FOR THE PLAINTIFF / APPELLANT<o:p></o:p>

</div>AGYEMANG, JA:<o:p></o:p>In
this appeal, the appellant herein seeks the setting aside of the judgment of
the High Court delivered on the 16th of April 2012.<o:p></o:p>The
matters that gave rise to the judgment of the court below are the following:<o:p></o:p>The
appellant herein who was plaintiff at the court below, is a candidate of
doctoral studies. On the 23rd of July 2001, the appellant was admitted as a
student of the University of Ghana to pursue a three-year course of study that
would earn him a Doctor of Philosophy degree in Soil Science.<o:p></o:p>In
line with the regulations contained in the student handbook of 1999, as
repeated in the student handbook of 2003 (Exhibit D), certain persons were
appointed as his supervisory committee with the mandate to advise him on course
requirement, area of thesis, and the topic. At the end of the research period,
the appellant was required to produce a signed thesis. The thesis had to be
presented with a declaration by the student that interalia, the work of the
appellant was produced by original research undertaken independently, under
supervision. Members of the said committee were expected to sign the thesis as
presented. The supervisory committee was made up of four lecturers, including a
major supervisor. <o:p></o:p>They
were: <o:p></o:p>Professor
S.K.A.Danso PhD – Major Supervisor<o:p></o:p>Dr.
Mrs S. Asuming-Brempong -Member<o:p></o:p>Dr.
Yaa Dufie Osei – Member<o:p></o:p>Dr.
J. Ofosu-Anin - Member<o:p></o:p>The
appellant commenced his programme after he submitted a research proposal to his
supervisory committee. The appellant’s research proposal which was titled:
“Rhyzobium Requirements of Promiscuous and Non-Promiscuous Soybean Genotypes”,
was shortened to “Rhyzobium Preference of Two Soybean Types”. The research
topic which was original as requisite, hypothesised inter alia that the
bradyrhyzobium japonica strains of bacteria capable of nodulating promiscuous
(Asian) and non-promiscuous (American) soybean genotypes, occur in Ghanaian
soils. The objectives included uncovering the bradyrhizobial requirements of
promiscuous and non-promiscuous soybean genotypes - to determine inter alia,
which bradyrhyzobia strains nodulate both promiscuous and non-promiscuous
soybean genotypes. <o:p></o:p>The
research was aimed at “planning a strategy for effective inoculation and
production of soybean to increase the supply of inexpensive plant protein for
human and animal consumption and also to enhance the nitrogen contribution to
the soil”.<o:p></o:p>In
order to undertake his research, the appellant was required to collect soil
samples and conduct his research on the ten objectives set out in the research
proposal. For the effective carrying out of the research, the appellant was
advised to audit a course in molecular biology. The research included the
carrying out of experiments for analyses. <o:p></o:p>The
work of the appellant in relation to his supervisory committee was to be
carried out in a number of ways including his presentation of&nbsp; seminars at which the supervisors would
determine his progress and provide guidance; the committee was also to receive
draft copies of his thesis for their comments and input.&nbsp; <o:p></o:p>The
appellant commenced his work by travelling to some major agro-ecological zones
in Ghana including Wa, Bolgatanga and Akuse to collect soils. This venture was
facilitated by introductory letters written for him by his principal supervisor
Professor S.K.A. Danso. According to the appellant, he conducted greenhouse and
laboratory experiments and analyses at the Ecological Laboratory at the
University of Ghana (Ecolab). While the appellant alleged in pleading that he
conducted three successful seminars, he testified in court that he in fact
presented four seminars on eight occasions. <o:p></o:p>The
relationship between the appellant and his supervisors appeared to be cordial
in the beginning. Indeed, the evidence showed that he at one time received
commendation for his work from the major supervisor who supported his application
for appointment as a teaching assistant, and from Dr. Mrs. Asuming-Brempong who
supported his application for a scholarship from an Australian University.<o:p></o:p>