International School. Exhibit 4 is a Power of Attorney between the
defendant and Dyna Ladejj.
Learned counsel to the defendant has made a heavy weather of the
description of the property in Exhibits 3 and 4. The property covered by
both exhibits is described as Plot No. 4, Block 4. He submitted that the
property covered by the certificate of occupancy No. 77/77/73 is Plot 10,
Block VI and not Plot 10, Block IV. His contention is that this discrepancy
is fatal to the case of the prosecution. P.W.3 while giving his evidence in
chief gave an explanation on the discrepancy. His evidence is as follows:
“I
laid
my
hand
on
the
agreement
made
between
the
defendant and Dyna Ladejj where the plot number was clearly
stated as Block 10, Flat 4. On the C of O we have block 10,
Flat VI. I therefore went to the Ministry of Lands personally to
confirm what really happened on the agreement and the
certificate in question. I was told we were talking of the same
property. I was told that the error was in the interpretation of
the
Roman
numeral
by
the
person
who
drew
up
the
agreement. I was told that IV means Six. The person who
signed the agreement interpreted VI as number four but that it
is the same plot as that covered by the C of O.”
The above evidence was not challenged under cross examination.
The number of the certificate of occupancy of the land covered by
Exhibits 3 and 4 are clearly stated as No. 77/77/73. I have no doubt that
the land referred to in Exhibits 3 and 4 is the same as that covered by
certificate of occupancy No. 77/77/73 and the subject matter of this suit
and I so hold. I find the difference in the block number immaterial to the
case at hand and I so hold. There is clear and credible evidence that
Exhibits 3 and 4 refer to the same property which is that covered by
22