"Section 3 (1) (b) of the Survey Law of Northern Nigeria applicable to Plateau State provides as follows: "3 No map, plan or diagram of land (a) - - (b) If prepared after the 16th day of May, 1918, 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 certified by a surveyor as being a true copy".

(underlining by me for emphasis) Learned counsel for the 1st Respondent has submitted that a survey plan which this law deals with in Section 3 is different from a site plan which learned counsel for the Appellant is objecting to. It is instructive to note that learned counsel for the Appellant is raising this objection against the admission of Exhibit 6 for the first time in this Court.

The objection to the document at the Court below was on the basis that the document was neither mentioned in the amended statement of claim nor in the written statement on oath of the PW4. That was the objection considered by the Court below before admitting Exhibit 6. There is nothing wrong in objecting to the admission of the document if it is inadmissible anyway. DW3 Principal Land Officer stated that before now an application for a right of occupancy was usually accompanied by a site plan but now such applications are accompanied by survey plans. He thereby gave the impression that a survey plan is different from a site plan. He did not help matters since he did not define or describe any of the plans.

The Survey Law has not distinguished a site plan from a survey plan if there is any distinction. Afterall both site plan and survey plan are drawn by surveyors. I agree entirely with learned counsel for the Appellant that the Survey Law applies to all plans of whatever nature. In the circumstances Exhibit 6 which is a site plan is admissible in evidence if good cause is shown why the document was not prepared and signed by a surveyor. See Aliyu vs. Sodipo (1994) 5 SCNJ 1 at 20 and the decision of this Court in Umoru & Ors vs. Orire & Anor (2010) LPELR - 9065 CA page 21 per Agube JCA. It is nowhere suggested by 1st Respondent's counsel that good cause has been shown why the document was not prepared and signed by a surveyor. It is therefore inadmissible. It was wrongly admitted and should be expunged from the record. I so order."

Per ABIRIYI, J.C.A.IN OYAWOLE v. MAKAN & ORS CITATION: (2018) LPELR-43994(CA)