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Harare High Court
Ray and Brian Enterprises (Private) Limited v The Minister of Mines and Mineral Development and 3 Others
HH 74-25
Case Details
Court
Harare High Court
Date
11 February 2025
Citation
HH 74-25
Neutral Citation
[2025] ZWHH 74
Outcome
unknown
Case Type
Review
Bench
Presiding
Musithu J
Full Bench
Musithu J
Areas of Law
Administrative LawMining Law
Keywords
review applicationrecord of proceedingsrule 62(5)preliminary objection
Tags
mining rightsadministrative reviewprocedural compliance
legislation
Statutes Cited
- High Court Rules, 2021
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether non-compliance with Rule 62(5) regarding submission of record of proceedings warrants dismissal of review application","issue_type":"procedural","dispositive":"no","related_facts":"Late submission of record; uncertified record; wrong party submitted record"}
- {"issue_text":"Whether preliminary objection should be taken where defect can be cured by adjournment","issue_type":"procedural","dispositive":"no","related_facts":"Record already before court; defects could be remedied"}
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background
Facts of the Case
Background
The applicant sought review of the Minister's decision to withdraw cancellation notices for mining certificates. The third respondent raised a preliminary objection that the record of proceedings was filed late, by the wrong party, and was uncertified, violating Rule 62(5) of the High Court Rules.
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