DAMOFALLS INVESTMENTS v TILFURY ZIMBABWE (PVT) LTD & 2 Ors

HB 128/20

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Case Details

Court

Bulawayo High Court

Date

25 June 2020

Citation

HB 128/20

Neutral Citation

[2020] ZWHB 128

Outcome

unknown

Case Type

Urgent Application

Bench

Presiding

MAKONESE J

Full Bench

MAKONESE J

Areas of Law

Mining LawCivil Procedure

Keywords

interdictmining claimsurgencymaterial non-disclosureabuse of court process

Key Issues

{"issue_text":"Whether the application meets the requirements of urgency","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant knew of facts since May 2018, filed in June 2020"}
{"issue_text":"Whether there was material non-disclosure of pending litigation","issue_type":"procedural","dispositive":"yes","related_facts":"HC 7244/19 pending seeking similar relief"}
{"issue_text":"Whether interim relief sought is similar to final relief","issue_type":"procedural","dispositive":"no","related_facts":"Both seek to stop mining activities/evict respondents"}

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background

Facts of the Case

Background

The applicant, owner of Glen Arroch farm, sought an urgent interdict to stop respondents from mining activities on the property. The respondents opposed on grounds that the matter was not urgent and there was material non-disclosure of pending related litigation.

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