IN the matter of an application for Orders by Dr. Kenneth Sealey, Nisi of Certiorari and Prohibition Orders were granted since 20 December, 2013. However, this was postponed to January 22 when the matter came up for hearing before acting Chief Justice, Mr. Ian Chang, at the High Court yesterday.In his affidavit in support of the Originating Notice of Motion, Dr. Kenneth Sealey of Lots 3-4 Farm, Mahaicony, East Coast Demerara, swore that on or around the 26th May, 2007, Prince Thompson (now deceased) and himself were given permission to occupy by way of lease approximately 109.73 acres, by the Respondent, Mahaica Mahaicony Abary/Agricultural Development Authority (MMA/ADA), upon paying them the sum of $900, 000.
After paying this money they were told by the general manager that the lands would have to be surveyed before a 25-year lease is granted “to us and that by the said payment we had permission to occupy and develop the lands.”
That on or around the 22nd of August, 2013, the said Prince Thompson died.
Subsequently Dr. Sealey stated that he received a letter containing an allegation made by Mr. Hamlall Arjoon that Mr. Peter Thompson had demanded money from him to allow him to remain on the land. Mr Peter Thompson totally rejects this allegation, said Dr. Sealey.
Dr. Sealey added in his affidavit: “That I am advised by my Attorney-at-Law, Mr. Basil Williams and verily believe that as the legitimate lessees of the said lands, including Plot 25, I had a legitimate expectation to be consulted by the MMA-ADA before its decision to arbitrarily and unreasonably take away Plot 25 from me and to reallocate it to the said Hamlall Arjoon.
The chief justice had in December granted Orders or Rules Nisi of Certiorari in terms of para (a) and (b) of Notice of Motion.
The first Order of Rule Nisi of Certiorari directed to the Mahaica Mahaicony Abary/Agricultural Development Authority to show cause why its decision to revoke the permission granted to Prince Thompson and Dr. Kenneth Sealey jointly, to occupy Plot 25, a tract of 45.98 acres situated at Section ‘B’ Onverwagt on the right bank of the Abary Creek and to reallocate it to Hamlall Arjoon, Aka Jeffery, should not be removed into this Honourable Court for the purpose of quashing it on the grounds of excess or lack of jurisdiction, unreasonableness, breach of the rules of natural justice and the applicant’s legitimate expectation that he would have been consulted before the said revocation.

(By George Barclay)