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Harare High Court

Falcon Gold Zimbabwe Limited and Inyamazane Gold (Private) Limited v Fisani Moyo and 11 Others and The Provincial Mining Director, Matebeleland Mining Director N.O and Minister of Mines and Mining Development

HH 608-23

Case Details

Court
Harare High Court
Date
19 October 2023
Citation
HH 608-23
Neutral Citation
[2023] ZWHH 608
Outcome
unknown
Case Type
Urgent Application

Bench

Presiding
ZHOU J
Full Bench
ZHOU J
Areas of Law
Mining LawCivil Procedure
Keywords
recusalbiasmining claimsinterdict
Tags
mining claimsinterdictrecusal
legislation
Statutes Cited
  • None – no statute or constitutional provision is quoted or interpreted.
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the presiding judge should recuse himself based on alleged bias from previous involvement in related matter","issue_type":"procedural","dispositive":"yes","related_facts":"Judge previously handled HC 4038/23 involving same mining claims; applicants alleged failure to receive judgment reasons"}
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background
Facts of the Case

Background

The applicants sought an urgent interdict against respondents from mining within their claims. Counsel for 1st-10th respondents requested postponement, which was not opposed. Applicants' counsel then applied for the presiding judge's recusal based on alleged previous involvement in related matter and failure to provide judgment reasons.
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