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Harare High Court
Confidence Mining Private Limited v Tianboa Mineral Industry Private Limited and Others
HH 15-22
Case Details
Court
Harare High Court
Date
13 December 2018
Citation
HH 15-22
Neutral Citation
[2022] ZWHH 15
Outcome
unknown
Case Type
Urgent Application
Bench
Presiding
Munangati-Manongwa J
Full Bench
Munangati-Manongwa J
Areas of Law
Mining lawProperty lawCivil procedure
Keywords
Special grantGold millDispossessionMining rightsProspecting operations
Tags
Mining disputesPossessionSpecial grantGold mill
legislation
Statutes Cited
- Mines and Minerals Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the applicant was actually despoiled of the gold mill","issue_type":"factual","dispositive":"yes","related_facts":"Alleged dispossession on 3 December 2018, removal of security personnel"}
- {"issue_text":"Whether the applicant approached the court with clean hands","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant's dishonesty in alleging dispossession, restoration to the mill"}
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background
Facts of the Case
Background
Applicant had a special grant for prospecting operations that expired in July 2017 after being denied renewal. Applicant claimed to have installed a gold mill at the farm and remained in peaceful possession after discontinuing mining operations. First respondent allegedly has first mining rights in the same area. Applicant claimed dispossession of the gold mill by first respondent with police assistance on 3 December 2018, but court found no actual dispossession occurred.
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