Cossy Rules Mining (Pvt) Ltd v Adme Print Marketing (Pvt) Limited & 2 Ors

HH 418-21

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Case Details

Court

Harare High Court

Date

20 August 2021

Citation

HH 418-21

Neutral Citation

[2021] ZWHH 418

Outcome

unknown

Case Type

Urgent Application

Bench

Presiding

Manzunzu J

Full Bench

Manzunzu J

Areas of Law

Mining lawInterdict lawCivil procedure

Keywords

Gold dumpGold sandMining siteInterdictPreservation

Key Issues

{"issue_text":"Whether applicant has established requirements for interim interdict","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant created gold dumps/sand through milling; ownership disputed; risk of irreparable harm"}
{"issue_text":"Whether applicant has prima facie right to gold dumps and sand","issue_type":"mixed","dispositive":"no","related_facts":"Applicant created dumps through its milling; ownership disputed in HC 1275/20"}

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background

Facts of the Case

Background

The applicant, a mining company, sought an interim interdict to prevent the first respondent from interfering with gold dumps and sand at a mining site called Whatcheeer INVAR C 14322. The applicant had been conducting custom milling operations at the site through its director (3rd respondent) who was evicted following a judgment in HC 1792/19. The applicant was not a party to that eviction case but claims ownership of the gold dumps and sand created through its milling operations.

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