Miriam Kandongwe v Caroline Muketiwa & Pepukai Kunaka Mike Maguvaza v Mining Commissioner Mashonaland West & Minister of Mines and Mining Development (N.O) & The Commissioner General Zimbabwe Republic Police (N.O)

HCC 05-23

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Case Details

Court

Chinhoyi High Court

Date

22 February 2023

Citation

HCC 05-23

Neutral Citation

[2023] ZWHCC 5

Outcome

unknown

Case Type

Urgent Application

Bench

Presiding

Muzofa J

Full Bench

Muzofa J

Areas of Law

SpoliationMining lawProperty law

Keywords

Spoliation orderMining registrationPeaceful possessionGolden Mile 12

Key Issues

{"issue_text":"Whether applicant is entitled to spoliatory relief","issue_type":"mixed","dispositive":"yes","related_facts":"Applicant's prior possession, 1st respondent's forcible takeover"}
{"issue_text":"Whether pending mining application confers rights to dispossess","issue_type":"law","dispositive":"no","related_facts":"1st respondent's pending application 1215/2021"}

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background

Facts of the Case

Background

The applicant sought spoliatory relief for restoration of peaceful possession of Golden Mile 12 mine registration number 23506. The 1st respondent had allegedly invaded the mine in January 2023, claiming ownership and forcibly evicting the applicant's workers. The applicant had been in possession since 1995, though registration validity was disputed.

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