Quantum of General Damages for Tortious Breach of Academic Duty of Care

THISDAYLIVE | 01-09-2026 02:20am |

The article discusses a legal case in Nigeria where Mr. Adebayo Afolabi Victor sued the Federal University of Technology, Akure, because he believed he was unfairly graded in his Mechanical Engineering degree. He claimed that his true scores would have qualified him for a higher degree classification, but the university awarded him a lower one. Initially, his case was dismissed by a trial court, but he appealed, and the Court of Appeal allowed his case to proceed. During the trial, the university did not provide certain documents that could have supported Mr. Victor's claims. The trial court eventually ordered the university to have his exam scripts re-evaluated and awarded him 500,000 Naira for the distress caused by the situation. Both parties were unhappy with the decision. The university appealed, but the Supreme Court upheld the lower court's ruling. Mr. Victor then argued that the damages awarded were too low given the emotional distress he experienced. The Supreme Court agreed that universities have a duty to care for their students and found that the university had failed in this duty. They ruled that Mr. Victor deserved more compensation for the pain and stress he suffered, especially since the issue had persisted for many years. Ultimately, the Supreme Court increased the damages to 18 million Naira and awarded additional costs for the legal proceedings. This decision emphasized the importance of universities treating students fairly and the need for adequate compensation when they fail in their responsibilities.

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