Rabson Nkomo (In his capacity as the Executor Dative of Estate Late Juawo Nkomo) v Minerals Identity (Pvt) Ltd and Master of the High Court, Harare N.O and The Provincial Mining Director Mashonaland East Province and Minister of Mines and Mining Development

HH 616-22

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Case Details

Court

Harare High Court

Date

14 September 2022

Citation

HH 616-22

Neutral Citation

[2022] ZWHH 616

Outcome

unknown

Case Type

Application

Bench

Presiding

MAKOMO J

Full Bench

MAKOMO J

Areas of Law

Contract LawArbitration LawMining Law

Keywords

arbitration clausemining agreementjoint venturecontract terminationexecutor dative

Key Issues

{"issue_text":"Whether the court has jurisdiction to hear the matter in light of the arbitration clause","issue_type":"procedural","dispositive":"yes","related_facts":"The agreement contains an arbitration clause requiring disputes to be referred to arbitration"}
{"issue_text":"Whether the deponent to the first respondent's opposing affidavit had authority to represent the company","issue_type":"procedural","dispositive":"yes","related_facts":"No board resolution was attached to prove authority of Danny Musukuma"}

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background

Facts of the Case

Background

The applicant, as executor dative of his late father's estate, sought cancellation of a mining joint venture agreement and eviction of the first respondent from Koodoo 10 Mine. The late Juawo Nkomo had entered into a 60:40 joint venture agreement with Minerals Identity (Pvt) Ltd in 2013, but allegedly never received his share of dividends before his death in 2014.

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