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Harare High Court

Andrew Kunaka and Kudakwashe Govo vs Secretary of Mines and Mining Development and The Provincial Mining Director Midlands Province and The Minister of Mines and Mining Development and Tilfury Zimbabwe (Pvt) Ltd and Fungai Bangidza

HH 297-25

Case Details

Court
Harare High Court
Date
7 May 2025
Citation
HH 297-25
Neutral Citation
[2025] ZWHH 297
Outcome
unknown
Case Type
Opposed Application

Bench

Presiding
MHURI J
Full Bench
MHURI J
Areas of Law
Mining LawAdministrative LawCivil Procedure
Keywords
Mining certificateRegistration suspensionLocus standiDeclaratory reliefFinal interdict
Tags
Mining RightsDeclaratory OrderFinal InterdictLocus StandiJurisdiction
legislation
Statutes Cited
  • High Court Act
  • High Court Rules
  • Companies and Other Business Entities Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Do applicants have locus standi to bring this application?","issue_type":"procedural","dispositive":"no","related_facts":"Applicants are proprietors of AGK Mining Syndicate"}
  • {"issue_text":"Does this Court have jurisdiction to hear the application?","issue_type":"procedural","dispositive":"no","related_facts":"Previous orders were provisional interdicts, not final orders"}
  • {"issue_text":"Has the suspension of Certificate of Registration Number 31283 lapsed?","issue_type":"law","dispositive":"yes","related_facts":"Related cases HC1707/18 and HC1827/19 have been finalized"}
  • {"issue_text":"Are fourth and fifth respondents' continued mining activities unlawful?","issue_type":"law","dispositive":"yes","related_facts":"Certificate suspension has lapsed, respondents have no valid mining rights"}
  • {"issue_text":"Should a final interdict be granted?","issue_type":"law","dispositive":"yes","related_facts":"Applicants have clear right, irreparable harm, no alternative remedy"}
This summary was generated by AI. Use Zalari to read the full judgment.
background
Facts of the Case

Background

Applicants sought a declaratory order and final interdict regarding mining certificate registration number 31283. The certificate was suspended pending resolution of related cases HC1707/18 and HC1827/19, which have since been finalized. The fourth and fifth respondents continued mining activities despite the suspension.
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