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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

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

Appearances
D. Diegbe - for the Appellant Orok Oyo - for the Respondents.

Judgement

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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