LEGAL PRINCIPLE: EVIDENCE LAW – Documentary Evidence – Admissibility of Plans – Plan Not Prepared by Surveyor Inadmissible
PRINCIPLE STATEMENT
No map, plan or diagram of land, if prepared after the 20th October, 1897 shall, save for good cause shown to the court, be admitted in evidence in any court, unless the map, plan or diagram has been prepared and signed by a surveyor or is a copy of a map, plan or diagram so prepared and signed and is certified by a surveyor as being a true copy. A plan which does not comply with the provisions of Survey Act is inadmissible in evidence.
RATIO DECIDENDI (SOURCE)
Per Uthman Mohammed, JSC, in Babatola v. Aladejana (2001) NLC-801996(SC) at p. 6; Paras B–C.
"No map, plan or diagram of land, if prepared after the 20th October, 1897 shall, save for good cause shown to the court, be admitted in evidence in any court, unless the map, plan or diagram has been prepared and signed by a surveyor or is a copy of a map, plan or diagram so prepared and signed and is certified by a surveyor as being a true copy. A plan which does not comply with the provisions of Survey Act is inadmissible in evidence."
EXPLANATION / SCOPE
A land plan prepared after 20 October 1897 is inadmissible unless prepared and signed by a surveyor (or certified copy). Non-compliance with the Survey Act renders the plan inadmissible. The requirement is mandatory, subject only to “good cause shown.” The purpose is to ensure accuracy and reliability of land plans. The court cannot admit a plan drawn by a non-surveyor. The rule applies to all courts. The objection to admissibility can be raised at any time. The party tendering the plan must prove compliance. “Good cause” is exceptional—mere convenience does not suffice. The principle prevents reliance on amateur or inaccurate plans.
