The Oyo State High Court, Kishi Judicial Division, presided over by Honourable Justice E.A. Taiwo, sitting as a vacation judge in Iseyin, on Monday, the 9th of September 2024 delivered a ruling on two critical motions in the ongoing suit HSK/04/2024 between Agboola Farms Limited (Claimant) and SKECC Nigeria Limited & 3 Ors (Defendants).

The suit is in respect of Agboola Farms at Iseyin which the Gov of Oyo State deployed some Chinese into for the purposes of mining Lithium without authorization and consent of the owner.

The first motion filed by the Defendants was a Motion on Notice for the joinder of the Pacesetter Mineral Development Agency (PMDC) and Alayeluwa Oba Masoud Lawal Arowoduye II, the Iba of Kishi, as 5th and 6th Defendants, respectively.

In the second motion, the Defendants sought to set aside the ruling of the Court delivered on the 14th of August 2024. In that ruling, the Court had granted an order of interlocutory injunction filed by Agboola Farms Limited, which restrained the Defendants (1st-4th) from exploring, excavating, and prospecting mineral resources or moving equipment on the Claimant’s land pending the final determination of the substantive suit.

The Court in its Ruling dismissed the application for Joinder of Pacesetter Mineral Development Agency (PMDC) and Alayeluwa Oba Masoud Lawal Arowoduye II (The Iba of Kishi) as 5th and 6th Defendants respectively on the following grounds: –

1. The Claimant’s claims do not in any way relate to the parties being sought to be joined by the Defendants.

2. The Defendants/Applicants did not file any “Proposed Statement of Defence” which could have shown if there exists any possible reason(s) why they should be joined.

3. The Court cannot compel the Claimant to join any party as Co-Defendants.

4. The Court also agreed with the submission of the Claimant’s Counsel that Pacesetter Mineral Development Agency (PMDC) and Alayeluwa Oba Masoud Lawal Arowoduye II (The Iba of Kishi) are not necessary parties, but they could be referred to as necessary witnesses for the Defendants.

In dismissing the Motion on Notice seeking to Setting-Aside the Ruling of the Court delivered on the 14th day of August, 2024, the Court made the following holdings: –

1. The Claimants had duly sought the leave of Court to effect service of the Originating Processes on the Defendants by substituted means to wit: – by pasting; and that the affidavit of service before the Court shows that such was done.

2. The Defendants did not place any cogent evidence before the Court to show that its registered address with the Corporate Affairs Commission (CAC) is not at number 12 Bissau Street, Wuse Zone 6, Abuja, Federal Captial Territory (FCT).

3. The Court also held that from the affidavit of service, the Defendants were sufficiently made aware of the existence of a suit against them, which is the essence of service; as such they cannot make any claim to the contrary.

4. The Court also held that onus was on the Defendants to prove with sufficient particulars the evidence of fraud and lack of locus standi, which they failed to do.

The matter was consequently adjourned to the 21st day of November, 2024 for hearing of the contempt application filed by the Claimant in Kishi.