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Masvingo High Court
Chigami 2 Syndicate & 2 Others v Cleo Brand Investments (Pvt) Ltd
HMA 14-20
Case Details
Court
Masvingo High Court
Date
11 March 2020
Citation
HMA 14-20
Neutral Citation
[2020] ZWHMA 14
Outcome
unknown
Case Type
Application
Bench
Presiding
ZISENGWE J
Full Bench
ZISENGWE J
Areas of Law
Mining LawContract LawCivil Procedure
Keywords
option agreementmining claimscontract validitylis pendensHigh Court
Tags
mining lawcontract validitylis pendensoption agreement
legislation
Statutes Cited
- Mines and Minerals Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the plea of lis pendens applies to stay the current application","issue_type":"procedural","dispositive":"yes","related_facts":"HC 8171/19 pending between same parties on same contract validity"}
- {"issue_text":"Whether the contract is valid and enforceable","issue_type":"mixed","dispositive":"no","related_facts":"Contract terms, compliance with statute"}
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background
Facts of the Case
Background
The applicants sought a declaration that an option agreement concerning three mining claims was invalid and unenforceable. The respondent raised a point in limine that the application should be dismissed due to lis pendens as there was already a pending case between the same parties in Harare (HC 8171/19) concerning the same contract.
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