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Bulawayo High Court
Romeo Mkandla v PPC Zimbabwe Limited and The Provincial Mining Director, Matabeleland South Province
HB 151/24
Case Details
Court
Bulawayo High Court
Date
31 October 2024
Citation
HB 151/24
Neutral Citation
[2024] ZWHB 151
Outcome
unknown
Case Type
Application
Bench
Presiding
Kabasa J
Full Bench
Kabasa J
Areas of Law
Mining lawCivil procedureCorporate representation
Keywords
rescissiondefault judgmentE.I.A certificateboard resolutionprospecting licencesmining claimsenvironmental management
Tags
mining claimsrescission of judgmentdefault judgmentenvironmental complianceboard resolution
legislation
Statutes Cited
- Mines and Minerals Act
- Mines and Minerals Act
- Environmental Management Act
- High Court Rules
- High Court Rules
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the board resolution granting blanket authority to the deponent to represent the company in future litigation is valid","issue_type":"procedural","dispositive":"yes","related_facts":"Board resolution dated 9 November 2022 grants authority for future matters; same resolution used in HC 2565/22; applicant initially took no issue with authority"}
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background
Facts of the Case
Background
Applicant seeks rescission of a default judgment granted in HC 2565/22 which declared his prospecting licences and certificates of registration for mining claims null and void. The judgment was granted after applicant failed to comply with r59(8) filing requirements. Applicant claims he has bona fide defence and was not in wilful default. First respondent opposes the application, challenging the authority of its own deponent who relies on a board resolution granting blanket authority for future litigation.
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