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Harare High Court
Kingstone Mudonhi v The Provincial Mining Director and Manicaland N.O and Secretary for Mines and Mining Development N.O and Murehwa Ticharwa and Aaron Shanze
HH 08-24
Case Details
Court
Harare High Court
Date
10 January 2024
Citation
HH 08-24
Neutral Citation
[2024] ZWHH 8
Outcome
unknown
Case Type
Appeal
Bench
Presiding
WAMAMBO J
Full Bench
WAMAMBO JMUCHAWA J
Areas of Law
Mining LawProperty Rights
Keywords
mining locationencroachmentprior peggerGPS coordinates
Tags
mining disputesencroachmentpriority rights
legislation
Statutes Cited
- Mines and Minerals Act
- Mines and Minerals Act
- Mines and Minerals Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the Mining Commissioner's findings are supported by evidence","issue_type":"factual","dispositive":"no","related_facts":"Differences between docket map and ground measurements"}
- {"issue_text":"Whether appellant's mining location encroaches A&L Mining Syndicate's registered claim","issue_type":"factual","dispositive":"yes","related_facts":"GPS coordinates and map evidence"}
- {"issue_text":"Whether s 177 of the Mines and Minerals Act applies to this case","issue_type":"legal","dispositive":"yes","related_facts":"Prior pegger rights determination"}
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background
Facts of the Case
Background
The appellant appealed against a Mining Commissioner's determination that his mining location encroached onto A&L Mining Syndicate's prior registered claim G 1243, and that the third respondent was mining illegally on unregistered land.
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