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RULING
A look at Exhibit K attached to the 2nd Plaintiff’s Witness Statement clearly depicts same was not signed by the Director of Survey or his Representative.
This clearly sins against Section 3(1) of L.I. 1444, the Survey (Supervision and Approval of Plans) Regulations, 1989, which makes it mandatory for plans of any parcel of land attached to any instrument for the registration of such instruments to be approved by the Director of Survey of any Official Surveyor authorized on his behalf.
See the case of Abed Nortey v African Institute of Journalism and Communication & 2 Ors. Civil Appeal No. J4/47/2013 dated 26th February, 2014.
Per his Witness Statement the 3rd Plaintiff is seeking to rely on Exhibit K to lay claim to the land in dispute.
In the circumstance I hold that Exhibit K must comply with the Law which unfortunately is not the case.
In the circumstance same is accordingly rejected and marked as Exhibit R1.
(SGD)
EMMANUEL AMO YARTEY (J)