land survey plan

No. A survey plan is not a sine qua non. Of course some description is necessary to make a disputed land ascertainable. Where the land has been so sufficiently described that a Surveyor can produce a survey map of the land from the details of the description, a survey plan would not a necessity.

A survey plan would also not be necessary where the identity of the land is not in dispute. Where there is no difficulty in identifying a land in dispute, a declaration of title may be made without the necessity of tying it to a survey plan. Nadi V. Oseni (2003) 48 WRN 12 CA; Elias V. Omobale (1982) 5 SC 25; Awote V. Owoduni (1987) 2 NWLR (Pt. 57) 366.

Where a party tendered in evidence a survey plan of a land in dispute which was admitted in evidence without any objection from the adverse party, the court will take it as accurately reflecting the disputed land and the adverse party cannot be heard to say that the boundaries of the land in dispute was not proved with certainty. Orodoegbulam V. Ordoegbulam (2014) 1 NWLR (Pt. 1387) 80 CA; Adepoju V. Oke (1999) 3 NWLR (Pt. 594) 154.

A survey plan lodged with the Surveyor-General of the government becomes a public document as defined within the definition given in section 102 of the Evidence Act, 2011. Ariyo V. Adewusi (2010) 15 NWLR (Pt. 1215) 78 CA

Of course. It is very compulsory that for a survey plan to be admissible in evidence, it must be signed and not just by anybody but by a licenced surveyor. A survey plan produced in evidence or attached to an instrument must be signed by a licenced surveyor. Ndulue V. Ojiakor (2013) 8 NWLR (Pt. 1356) 311 SC

For a survey plan to be held as original it must show the position and nature of all beacons and boundary marks whether permanent or temporary including all government survey beacons to which connection has been made or the coordinates and description of some points shown on the plan which is tied to such beacons and also any permanent features or measurements which will assist in locating the marks on the ground. Ndulue V. Ojiakor (2013) 8 NWLR (Pt. 1356) 311 SC

No. Where a party to a land dispute case produced and tendered survey plan with the consent of the adverse party there will be no need to call a surveyor to testify on the survey plan so tendered. This is because the court can still attach credibility to the survey plan even without the presence or testimony of a surveyor as long as the survey plan shows clearly and ascertain the boundaries with respect to the land in dispute. Awoyoolu v. Aro (2006) 4 NWLR (Pt. 971) 481 SC.

The court will not automatically attach probative value to a survey plan simply because it is admitted without any objection, especially where the survey plan itself is bereft of features which can give the boundaries in it the character of certainty. Usung v. Nyong (2010) 2 NWLR (Pt. 11770 83 CA; Tukuru V. Sabi (2005) 3 NWLR (Pt. 913) 544.

Where a survey plan is pleaded, tendered and admitted in evidence, it becomes part of the evidence before the court. A survey plan tendered before the court can be amended. However, such survey plan cannot be amended by a counsel to the party as if it were a pleading. The amendment has to still be by a licensed surveyor. Igwe V. Kalu (2002) 26 WRN 58 SC.

The proper person to make any amendments to a survey plan is the licence surveyor who made them. This is because the surveyor is in a position to say whether or not there was any mistake on his part and the other party would be entitled to cross-examine him especially when the amendment goes to the root of the dispute between the parties and it has resulted in confusion as to the identity of the land in dispute. Igwe V. Kalu (2002) 26 WRN 58 SC.