A. Preliminary

The matter before me is an application for an Order of Mandamus by the Applicant vides Notice of Motion dated 19.09.1998 (Encl. 20) pursuant to Order 53 Rule 2 of the Rules of the High Court 1980. Specifically, the order sought for is "an Order of Mandamus against the Director of Lands and Surveys (the Respondent) to issue the document of title in respect of Draft Title Country Lease Number 085328016 in favour of the Applicant." At the leave stage only the Respondent was cited as a party. However when the case was fixed for hearing proper the Interveners applied to be joined in the proceeding. Hearings of the matter were fixed on several occasions but adjourned for various reasons mainly on the application of learned counsel for the parties.

B. The Relevant Basic Facts

Several affidavits were filed in connection with this application. They are as follows:-

1. Affidavit in support of Richard Koh Kin Lip affirmed 3rd August 1998 (Koh's first affidavit);

2. Affidavit in Opposition of Julita bte Mani, Simon bin Gasis and Sabin bin Gunting sworn to on 22nd January 1999 (Interveners' first affidavit);

3. Supplementary affidavit of Sabin bin Gunting sworn