Federal High Court, Ilorin has struck out the suit instituted by Kaidi Investment Ltd against the Kwara State Governor and Ors for want of jurisdiction and abuse of court process.
In his ruling, Justice A. O. Awogboro of the Federal High Court, Ilorin, upheld the objection of the state Attorney General and the suit pending before the court was struck out for want of jurisdiction.
In 2023, the operation of Kaidi Investment Ltd., a Quarry company located along Eiyenkorin Road, Asa Local Government Area of the state, was suspended considering the serious environmental and health hazards posed to the Overhead Bridge and the people of the area.
The state government later instituted a case against the operation of the company before the High Court of Justice, Ilorin wherein the parties later entered into terms of settlement which formed the judgment of the court.
It was the judgement of the court that the company will stop its operations of the quarry in the present location and that it will be given unrestricted access to vacate its property and products from the Quarry site within three (3) months from the date of the judgment.
The company, Kaidi Investment Ltd thereafter filed another suit FHC/AB/CS/280/2024 at the Federal High Court, Abuja against the state government contending that the state government had no power to close down the quarry.
The Attorney General of the State, Senior Ibrahim Sulyman, who represented the state government, in response to the suit filed at Abuja, filed an objection to the suit and prayed that it be transferred to Ilorin Judicial Division of the court where the said Quarry site and the parties are situated.
The objection was granted and the matter was transferred to Ilorin Judicial Division for adjudication.
While the case was pending before the Federal High Court, Ilorin Division, the state government again filed another objection challenging the competency of the court to hear and determine the case on the ground that the parties in the said suit N0. KWS/511/2023 have settled the matter out of court and adopted the terms of settlement as a consent judgment on the 30th day of January, 2024.
The submission of the Attorney General was that the said consent judgment is still subsisting and binding on all the parties until same is set aside by a fresh suit or on appeal.
According to prayer, the instant case is not instituted to set aside the consent judgment and it is not an appeal against same.
He further pointed out that the court lacked jurisdiction to entertain the suit on the ground that the action is caught by issue and/or cause of action estoppel and as such, liable to be dismissed.
Kaidi Investment, however, has a pending appeal against the consent judgment from the High Court of Justice at the Court of Appeal, Ilorin Division.
Kaidi Investment Ltd has therefore filed a stay of execution of the judgment pending the appeal of the ruling of the Federal High Court.
