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Supreme Court
Anjin Investments (Private) Limited v The Minister of Mines and Mining Development & 2 Ors
SC 39/20
Case Details
Court
Supreme Court
Date
10 March 2020
Citation
SC 39/20
Neutral Citation
[2020] ZWSC 39
Outcome
unknown
Case Type
Condonation Application
Bench
Presiding
BERE JA
Full Bench
BERE JA
Areas of Law
Civil ProcedureMining LawSpoliation
Keywords
condonationlate noting of appealspecial grantspoliation ordermining operationsConstitutional Court
Tags
condonationlate appealspoliationmining rightsspecial grant
legislation
Statutes Cited
- Mines and Minerals Act
- Constitution of Zimbabwe
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether applicant should be granted condonation for late noting of appeal","issue_type":"procedural","dispositive":"yes","related_facts":"Delay of 2 years 3 months, filing of Constitutional Court application"}
- {"issue_text":"Whether applicant has reasonable prospects of success on appeal","issue_type":"mixed","dispositive":"yes","related_facts":"Court a quo failed to deal with spoliation issue, focused on substantive rights"}
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background
Facts of the Case
Background
The applicant, a mining company operating under a Special Grant in Chiadzwa District since 2009, was evicted from its mining operations on 22 February 2016 when the first respondent declared its special grant expired. The applicant filed an urgent chamber application in the High Court seeking restoration of status quo ante, which was dismissed on 30 March 2016. The applicant then filed a Constitutional Court application before seeking condonation for late appeal to the Supreme Court.
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