The Plaintiff did not receive a responce to its appeal to the Director-General of the Royal Forest Department’s decision not to approve the Plaintiff’s request to utilize the disputed reserved forest because the area was prepared to be declared as a national park. The Plaintiffs therefore requested the Court to order the Royal Forest Department and its Director-General to consider the appeal made.

The Court however found that the Plaintiff did not file the case within the stipulated period of 90 days from the date the cause of action was known or should have been known, which was the date after the epiration of the specified period for which the Director-General was required to respond to the appeal. The Court further determined that the case was not within the scope of which the prescription could be extended to a one year period based on a lack of notification of the procedure and time-limit for the submission of a pliant. The claim was therefore barred by prescription. As a result, the case was dismissed.