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Harare High Court
Chiroswa Minerals (Private) Limited and Base Minerals (Private) Limited v Minister of Mines and Moris Tendai Nyakuya and Vambo Mills (Private) Limited
HH 107-10
Case Details
Court
Harare High Court
Date
16 June 2010
Citation
HH 107-10
Neutral Citation
[2010] ZWHH 107
Outcome
unknown
Case Type
Application
Bench
Presiding
BHUNU J
Full Bench
BHUNU J
Areas of Law
Mining LawContract Law
Keywords
Mining claimsTribute agreementBreachCancellationRoyalties
Tags
Mining claimsTribute agreementsBreach of contract
legislation
Statutes Cited
- Mines and Minerals Act of Zimbabwe
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the respondents have persistently breached the tribute agreement","issue_type":"mixed","dispositive":"yes","related_facts":"Non-payment of royalties and dues, payment procedures"}
- {"issue_text":"Whether the tribute agreement was procedurally cancelled in terms of laid down procedures","issue_type":"procedural","dispositive":"yes","related_facts":"Notice of cancellation terms, breach rectification procedures"}
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background
Facts of the Case
Background
The applicants, who are the registered owners of six mining claims in Shamva district, sought to cancel tribute agreements with the respondents. The dispute centered on two tribute agreements concluded on consecutive days in May 2005 - one for ten years (unregistered) and another for three years (registered). The parties later concluded a memorandum in August 2006 nullifying the principal agreement. The applicants alleged persistent breach by non-payment of royalties and dues, while respondents denied any breach.
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