FABIYI JSC (Delivering the Lead Judgment): This is an appeal against the judgment of the Court of Appeal, Enugu Division (‘the court below’ for short) deliveredon 23 February 2006 which affirmed the judgment of Awogu, J. (as he then was) delivered on 6 July 1987 at the High Court of Anambra State, Onitsha.
It is apt to state the facts of this matter briefly. The respondent was allocated a State land at Otumoye Creek Road, Fegge, Onitsha in 1965. The land was registered as 80/80/648 and referred to as exhibit ‘B’. The respondent sold a portion (2/5th) of same to the appellant who paid five hundred pounds as consideration. He started to develop same pending the execution of an assignment to him by the respondent with the consent of the Governor or appropriate authority. In 1978, the State Government stopped all construction works on the land and invited application for compensation for works done on the plot - exhibit ‘B’. The sum of ₦2,500.00 (two thousand, five hundred naira) paid by…