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Harare High Court
Grandwell Holdings v Zimbabwe Consolidated Diamond Company Limited & 2 Ors
HH 125-17
Case Details
Court
Harare High Court
Date
24 February 2017
Citation
HH 125-17
Neutral Citation
[2017] ZWHH 125
Outcome
unknown
Case Type
Urgent Application
Bench
Presiding
Tsanga J
Full Bench
Tsanga J
Areas of Law
Commercial LawMining LawSpoliation
Keywords
Diamond miningSpoliationInterdictJoint ventureSecurity personnel
Tags
MiningSpoliationInterdictShareholder derivative action
legislation
Statutes Cited
- Constitution of Zimbabwe Amendment Act (No.20) Act 2013
- Constitution of Zimbabwe
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the applicant has established spoliation warranting interim relief","issue_type":"mixed","dispositive":"yes","related_facts":"Removal of security personnel, alleged looting of ore"}
- {"issue_text":"Whether the matter is urgent","issue_type":"procedural","dispositive":"no","related_facts":"Letter written 18 days prior, ongoing violations"}
- {"issue_text":"Whether technical defects (certificate predating affidavit, wrong form) should bar the application","issue_type":"procedural","dispositive":"no","related_facts":"Certificate dated 9 Feb, affidavit signed 10 Feb"}
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background
Facts of the Case
Background
Grandwell Holdings, a 50% shareholder in Mbada Diamonds, brought an urgent application alleging spoliation by ZCDC and police at the Chiadzwa diamond mining site. The applicant claimed its security personnel were removed and diamond ore was being looted, despite an existing court order (HC 1977/16) that allowed their security to remain on site.
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