NANA BARIMA EKOW GYESA II vs. BANK OF GHANA & NANA KOW GYANTEH IV

RULING This ruling is in respect of an objection raised by counsel for 1st Defendant herein to the admissibility of a site plan (composite plan) prepared by Plaintiff’s Witness One (PW1). PW1 describes himself as a licensed surveyor, a fellow of the Ghana Institute of Surveyors, the Vice President of International Federation of Surveyors and the Past President of the Licensed Surveyors Association of Ghana. Learned counsel for 1st Defendant’s objection is based on Regulation 3(1) of the SURVEY (SUPERVISION AND APPROVAL OF PLANS) REGULATIONS, 1988 (LI 1444). Counsel submitted that the regulation requires that site plans must be countersigned by the Director of Survey for the same to be authentic. Counsel also relied on the Supreme Court decision in Nortey v African Institute of Journalism and Communication and 2 Others [2013-2014] SCGLR; [2014] 77 G.M.J. 10 where the Supreme Court held that a site plan not signed by the Director of Survey or his representative would be contra...