Ann: Lindian Granted Injunction, page-12

RVR and LIN signed a legally binding agreement that set out the conditions that needed to be met where LIN would end up as a 75% owner of RVR. These agreements are common in exploration

LIN followed the conditions and paid RVR or Saner the initial $100,000 which completed stage 1. The Malawi government issued the exploration licence to RVR; then

- RVR states the agreement was no longer enforceable and is void
- RVR now willing to sell it for $70 million plus royalties compared to the $2.5 million plus 25% as per the agreement
- the Malawi High Court granted an injunction disallowing RVR from working or dealing with project. They made this decision based on the facts that we don’t have. However, it shows the court believes there is enough evidence that RVRs decision not to follow the agreement is potentially illegal and can be enforced
- LIN have also pressed criminal charges in South Africa against RVR and Saner

I would like to know the jurisdiction the agreement was signed in, i.e. if there are any issues the legal jurisdiction will be Malawi 

It’s does look like RVR were planning to do this once the EPL was granted. One thought is that Saner has had enough of the project and the decades of legal battles. So he wants the money today that he would’ve been worth had the project gone ahead years ago. However, it’s a very risky strategy and he could end up with nothing, 25%, or in prison. 

Another thought, if true, tells us how great the project is. The prospect that some wealthy individuals (possibly more than one group) have approached RVR with a large sum of money etc. is quite viable which explains why RVR did this. For example, RVR is offered $30 million if they abandon the agreement. RVR says hell yeah! and then puts forward a ridiculous offer to LIN to see if they can get even more money. 

If the project was in Australia LIN would win in the courts but the project is in Africa so it depends on ‘who’ wants the project etc. The courts and the government aren’t as relevant over there but this is different because Saner has given the Malawi grief for years. It would be great to see the following happen:

- the high court rules the agreement is enforceable and LIN can begin exploring the project with or without RVRs help
- the Malawi government presses charges against Saner and RVR who will be arrested if they enter the country
- the remaining funds to be paid to Saner/RVR will be paid into a Malawi bank account and they need to go to the branch in person to get the money

We just need the courts to rule the agreement is to be enforced and away we go, which comes back to the jurisdiction where legal matters will be decided.