Try asking the following...
RULING
On the 29th day of July, 2022 this Court restrained the Defendant from having anything to do with the subject land pending the Report of the Regional Surveyor.
The Court witness, CW1 during cross examination by Counsel for the Defendant testified as follows:
“Q: So from the Composite Plan and what you found on the ground the location of Exhibits C, GEC1, GEC2, GEC3 and D are located at the same place on the ground.
A: Yes. Part falls within the exhibits you mentioned but then part falls outside.
Q: Go to Exhibit B, there is a site plan attached to Exhibit B, have you seen that.
A: Yes.
Q: In Exhibit B, the Plaintiff family granted 0.865 of an acre to the Defendant’s vendor.
A: Yes.
Q: Where is Exhibit B indicated on your Composite Plan.
A: Exhibit B is not indicated on the Composite Plan but in the report because it lies 22,523.03ft away to the west of the disputed land.
Q: In other words the site plan in Exhibit B is 22,523ft away from the Defendant’s land. That is correct.
A: Yes.
Q: So on the ground the land in Exhibit B which Plaintiff gave to the Defendant’s vendor does not exist on the ground when you went there.
A: Yes.
Q: So on the ground the actual land that was given by the Plaintiff’s family to the Defendant’s grantor in 1959 is what is indicated in Exhibits C, GEC1, GEC2 and GEC3.
A: Yes.
Q: In Exhibit GEC2 which is the Land Certificate what is the acreage that your Department indicated is the size of the actual land on the ground as granted by the Plaintiff’s family to the Defendant’s grantor.
A: From the Land Title Cadastral Plan given to the Defendant the size is 0.57 of an acre or 0.23 hectare.
Q: If you look at Exhibit D carefully the site indicated on Exhibit D where the grid line 1179 at the top and at the down, that Exhibit D confirms the land granted to the Defendant’s grantor on the ground.
A: Yes. But then the portion that has been marked A does not fall in the adjoining plots there.
Q: Let us go to your Composite Plan, on the Composite Plan can you indicate to the Court the area the Plaintiffs are claiming on the ground.
A: On the ground it is indicated Red.
Q: The portion where the Defendant’s Manse is being constructed on the ground falls within the Cyan on the Composite Plan.
A: Yes.
Q: The area indicated Red which the Plaintiffs are claiming also falls within the Cyan.
A: Yes. [Emphasis is supplied]
This clearly depicts the parties are contesting ownership of the subject land.
Whiles the Plaintiff co