KOFI SARFO vs. VIVIAN ODOOM.

R U L I N G In an Application by the Defendant to dismiss the suit on the grounds of res judicata, the Court differently constituted opined that a Composite Plan for a superimposition should be drawn up. The Order for the preparation of a Composite Plan was poignantly carried out. The Report was subjected to cross-examination of the Surveyor pursuant to an Application in accordance with Order 26 (4) of the High Court Civil Procedure Rules, 2004 (C. I. 47). Per the outcome of the survey conducted, both the Plaintiff and the Defendant claimed the same land. However, while the land of the Plaintiff on his Site Plan attached to the Land Certificate and what was shown on the ground tallied, that of the Defendant did not tally. The Defendant again did not attach his Judgment plan. It was also gleaned from the proceedings that the acreage of the Defendant’s land varied from his survey instructions and the amended one. By the failure of the Defendant to produce the Judgment plan to e.....