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Bulawayo High Court
Bilboes Holdings (Private) Limited v Mlauzi Syndicate and The Mining Commissioner N.O and Officer in Charge, Criminal Investigating Department Minerals and Border Control, Inyathi Police Station
HB 53-20
Case Details
Court
Bulawayo High Court
Date
21 May 2020
Citation
HB 53-20
Neutral Citation
[2020] ZWHB 53
Outcome
unknown
Case Type
Application
Bench
Presiding
KABASA J
Full Bench
KABASA J
Areas of Law
Civil ProcedureMining Law
Keywords
amendment of pleadingscounter-claimmining certificatedeclaraturejectment
Tags
amendment of pleadingscounter-claimmining disputedeclaratory relief
legislation
Statutes Cited
- High Court Rules, 1971 (as amended)
- Mines and Minerals Act
- High Court Rules, 1971 (as amended)
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the applicant should be granted leave to amend its pleadings to include a counter-claim for ejectment","issue_type":"procedural","dispositive":"yes","related_facts":"The first respondent's certificate was cancelled; the matter is approaching pre-trial conference"}
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background
Facts of the Case
Background
The applicant, holder of a mining certificate for Calcite South Mine since 1986, sought to amend its pleadings in HC 187/19 to include a counter-claim for ejectment against the first respondent. The first respondent had instituted action seeking a declaratur that its certificate of registration was valid. After the Mining Commissioner gazetted intention to cancel the first respondent's certificate in June 2019, the applicant sought to amend its pleadings.
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