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Harare High Court
Earthrow Investments (Pvt) Ltd v Minister of Mines and Mining Development N.O. and Others
HH 823-22
Case Details
Court
Harare High Court
Date
16 November 2022
Citation
HH 823-22
Neutral Citation
[2022] ZWHH 823
Outcome
unknown
Case Type
Application
Bench
Presiding
Ndlovu J
Areas of Law
Mining LawDeclaratory Relief
Keywords
Mining ClaimsCertificate of RegistrationKoo Doo MinePrior Pegger Rights
Tags
Declaratory OrderMining RightsLis PendensMaterial Dispute of Facts
legislation
Statutes Cited
- Police and Criminal Evidence Act 1984
- Regulation of Investigatory Powers Act 2000
- Human Rights Act 1998
- European Convention on Human Rights (Article 6)
- Criminal Procedure and Investigations Act 1996
- Criminal Justice Act 2003
- Criminal Appeal Act 1995
- Senior Courts Act 1981
- Supreme Court Act 1981
- Magistrates' Courts Act 1980
- Criminal Law Act 1967
- Theft Act 1968
- Misuse of Drugs Act 1971
- Firearms Act 1968
- Offences Against the Person Act 1861
- Criminal Damage Act 1971
- Public Order Act 1986
- Terrorism Act 2000
- Anti-terrorism, Crime and Security Act 2001
- Prevention of Terrorism Act 2005
- Counter-Terrorism Act 2008
- Serious Organised Crime and Police Act 2005
- Extradition Act 2003
- Crime (Sentences) Act 1997
- Criminal Justice and Public Order Act 1994
- Criminal Justice (International Co-operation) Act 1990
- Drug Trafficking Act 1994
- Proceeds of Crime Act 2002
- Fraud Act 2006
- Bribery Act 2010
- Serious Crime Act 2007
- Policing and Crime Act 2009
- Legal Aid, Sentencing and Punishment of Offenders Act 2012
- Criminal Justice and Courts Act 2015
- Investigatory Powers Act 2016
- Counter-Terrorism and Border Security Act 2019
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the defence of lis pendens applies where there are separate review and declaratory applications","issue_type":"procedural","dispositive":"no","related_facts":"HC1465/18 review application pending; current application for declaratory order"}
- {"issue_text":"Whether there are material disputes of fact requiring oral evidence","issue_type":"procedural","dispositive":"no","related_facts":"Differing expert certificates and coordinates produced by parties"}
- {"issue_text":"Whether applicant is entitled to declaratory order confirming exclusive mining rights","issue_type":"mixed","dispositive":"yes","related_facts":"Applicant's prior registration in 2003; 4th Respondent's cancelled 2014 registration"}
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background
Facts of the Case
Background
The applicant, Earthrow Investments, held mining claims for Koo Doo 62-65 since 2003 and sought a declaratory order confirming its exclusive rights. The 4th respondent obtained certificates for Koo Doo 62-63 in 2014, but these were cancelled by government officials. The applicant sought declaration that the 4th respondent's operations were illegal.
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