UNIVERSITY OF CALABAR
V.
CHIEF EKPO E. EPHRAIM AND OTHERS

(1992) JELR 58933 (CA)

Court of Appeal · CA/E/325/87 · 20 Oct 1992 · Nigeria
·

Other Citations

(1993) 1 NWLR (Pt. 271) 551

CORAM

FRANCIS OLISA AWOGU, J.C.A. (Presided), GEORGE ADESOLA OGUNTADE, J.C.A., SUNDAY AKINOLA AKINTAN, J.C.A. (Read the Leading Judgment)

Ratio Decidendi

Core Terms ^Beta

land

plaintiffs

compensation

interest

2nd defendant

1st defendant

university of calabar

national universities commission

3rd defendants

statement of claim

acquired land

chief land officer

miscellaneous provisions

acquired properties

chief land officer state

churchill bassey eyo

federal government

only witness

part payment

plaintiffs’ claim

provisions of the public lands acquisition

south eastern state

total compensation

valuation reports

behalf of the plaintiffs family

behalf of the provisional council

calabar campus of the university of nigeria

calabar high court

central bank interest rate

cross river state

date of publication of the notice

exchanges of letters

facts of the case

failure of the acquiring authority

first defendant

grounds of appeal

interest rate

land acquisition

landed property of the plaintiffs

lands survey

land survey

land surveying

large parcel of land

lead judgement

lower court

present appellant’s campus

principal estates officer

public land acquisition

said section

such acquisition

SUNDAY AKINOLA AKINTAN, JCA (Delivering the Lead Judgement): The appellant was the first defendant at the lower court. The two other defendants there were the Commissioner for Lands Survey and Town Planning and the Attorney-General, both of Cross River State who were 2nd and 3rd defendants respectively. The claim arose over a dispute over settling the compensation payable to the plaintiffs/respondents in respect of their landed property acquired along with other landed properties by the 2nd defendant and which constituted the land upon which the present appellant’s campus was built.

The plaintiffs’ claim against the defendants jointly and severally was, according to paragraph 21 of the statement of claim, for a total sum of ₦270,370.

The breakdown of which are:-

“1. Compensation for land ₦136,624.50 plus interest for 8 years (1974-1982) ₦76,509.72 = ₦213,134.22

2. Compensation for crops and economic trees – ₦5,550 plus interest at 7% for 7 years (1974-1982) = ₦3,108 = ₦8,658.00

3. Part pay…

UNIVERSITY OF CALABAR V. CHIEF EKPO E. EPHRAIM AND OTHERS

UNIVERSITY OF CALABAR
V.
CHIEF EKPO E. EPHRAIM AND OTHERS