Ratio DecidendiRatio DecidendiRatio Decidendi



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…

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