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Bulawayo High Court
May Tshuma and Ndabezinhle Tshuma and Ricnob Suppliers (Private) Limited v Mike Mandizera and The Provincial Mining Director N.O. Matebeleland South and The Sheriff of the High Court
HB 308/20
Case Details
Court
Bulawayo High Court
Date
5 January 2021
Citation
HB 308/20
Neutral Citation
[2020] ZWHB 308
Outcome
unknown
Case Type
Urgent Application
Bench
Presiding
Dube-Banda J
Full Bench
Dube-Banda J
Areas of Law
Property LawMining LawCivil Procedure
Keywords
writ of ejectmentdefault judgmentrescissioncondonationmining claimeviction
Tags
mining rightsevictionstay of executiondefault judgment
legislation
Statutes Cited
- High Court Rules, 1971
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether applicants have established a prima facie case for stay of execution","issue_type":"procedural","dispositive":"yes","related_facts":"Pending applications for rescission and condonation"}
- {"issue_text":"Whether matter struck off roll can proceed to default judgment without reinstatement","issue_type":"procedural","dispositive":"no","related_facts":"HC 57/19 struck off 16 June 2020, judgment granted 20 August 2020"}
- {"issue_text":"Whether same land can be subject to both quarry mining and registered mining claim","issue_type":"mixed","dispositive":"no","related_facts":"78 hectares subject to both 3rd applicant's quarry and 1st respondent's claim"}
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background
Facts of the Case
Background
The applicants, who are owners of Wallington Farm, seek to stay execution of a default judgment obtained by the first respondent in HC 57/19. The judgment ordered their eviction from a mining claim on the farm. The applicants contend the matter was improperly re-enrolled after being struck off the roll, and that they have pending applications for rescission of judgment and condonation.
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