G & G Preserves (Pvt) Ltd v Themba Sibanda t/a Bit Resources PBC Quarry Mine

HB 86-20

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Case Details

Court

Bulawayo High Court

Date

21 May 2020

Citation

HB 86-20

Neutral Citation

[2020] ZWHB 86

Outcome

unknown

Case Type

Trial

Bench

Presiding

Mabhikwa J

Full Bench

Mabhikwa J

Areas of Law

Property lawMining law

Keywords

Rei vindicatioMining claimsPrivate land ownershipEvictionMines and Minerals Act

Key Issues

{"issue_text":"Whether defendant's mining permits and authorizations constitute lawful occupation of private land without owner's consent","issue_type":"mixed","dispositive":"yes","related_facts":"Defendant's possession of mining permits; plaintiff's ownership; lack of consent"}
{"issue_text":"Whether defendant complied with notice requirements under Part IV of Mines and Minerals Act","issue_type":"law","dispositive":"yes","related_facts":"Defendant's admission of ignorance; no written notice given"}

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background

Facts of the Case

Background

The plaintiff, owner of Lot "B" Lower Rangemore, Umguza, sought eviction of the defendant who was conducting quarry mining operations on the property without consent. The defendant claimed lawful occupation based on mining permits from various government authorities but admitted ignorance of the land's private ownership and failure to comply with Part IV of the Mines and Minerals Act.

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