THE REPUBLIC vs. LANDS COMMISSION (RESPONDENT) EXPARTE: KAPPA FARMS LTD (APPLICANT) YEHOBOAM COMPANY LTD, AMADU ALHASSAN AND REGISTERED TRUSTEES OF PRESBY CHURCH (INTERESTED PARTIES)

On the 27th of February, 2017 the applicant filed an application for judicial review in the nature of mandamus compelling the respondent Lands Commission, to expunge from its record wrongful entries adversely affecting its legal interest in property bearing Land Registry No. 2599/91. Before the applicant could be heard on the motion, a preliminary objection was taken by learned counsel for the 1st interested party on the ground that the applicant’s application for judicial review had been brought beyond the time set out in Order 55 of CI 47 for the filing of an application for judicial review. Counsel for the 1st interested party made submissions which briefly put are that the application has been brought outside the six month period as provided by the rules. It was his contention that from exhibit ‘C’ the search report the applicant got to know that its name had been deleted from recorded transactions affecting the subject matter on the 9th of January, 2016. He argued that ...