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Harare High Court
Nixris Investments Private Limited v Chinhoyi University of Technology and David Jambgwa Simbi (N.O)
HH 72-17
Case Details
Court
Harare High Court
Date
8 February 2017
Citation
HH 72-17
Neutral Citation
[2017] ZWHH 72
Outcome
unknown
Case Type
Application
Bench
Presiding
Matanda-Moyo J
Full Bench
Matanda-Moyo J
Areas of Law
Property lawMining lawInterdicts
Keywords
Mining claimsCertificate of registrationInterference with mining operationsFinal interdict
Tags
Mining rightsInterdictProvisional order confirmation
legislation
Statutes Cited
- Constitution of Zimbabwe
- Interpretation of Acts
- Mines and Minerals Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether weekends and public holidays should be excluded in calculating the 90-day period for confirmation of provisional order","issue_type":"procedural","dispositive":"yes","related_facts":"Provisional order granted on 8 January 2016 with 90-day confirmation period"}
- {"issue_text":"Whether applicant has established requirements for final interdict","issue_type":"mixed","dispositive":"yes","related_facts":"Applicant holds mining registration certificate; property was damaged by respondents"}
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background
Facts of the Case
Background
The applicant, holder of a mining block with 10 gold reef claims, sought confirmation of a provisional order granted on 8 January 2016 interdicting the respondents from interfering with its mining operations at Hunyani 30 Mine. The respondents opposed confirmation, arguing the application was out of time.
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