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Bulawayo High Court
Rose Natalie Heuer v Songxiang Industry Investments (Pvt) Ltd and Minister of Mines and Mining Development, N.O
HB 250-20
Case Details
Court
Bulawayo High Court
Date
5 November 2020
Citation
HB 250-20
Neutral Citation
[2020] ZWHB 250
Outcome
unknown
Case Type
Application
Bench
Presiding
Makonese J
Full Bench
Makonese J
Areas of Law
Mining lawCivil procedureContract law
Keywords
mining claimsexecution pending appealprivity of contractlocus standiEmpress Minespoliationcancellation of agreement
Tags
mining claimsexecution pending appealprivity of contractlocus standi
legislation
Statutes Cited
- None explicitly cited
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether applicant has made out a good case for leave to execute pending appeal","issue_type":"procedural","dispositive":"yes","related_facts":"First respondent noted appeal against HB 84-20 judgment; applicant remains registered owner incurring costs"}
- {"issue_text":"Whether first respondent ought to pay costs of suit on attorney-client scale","issue_type":"procedural","dispositive":"no","related_facts":"First respondent opposed application without locus standi"}
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background
Facts of the Case
Background
Applicant, registered owner of Empress Mine mining claims, cancelled agreement with Lugania Investments for breach. First respondent claimed rights through share purchase from Lugania shareholders but had no privity of contract with applicant. Applicant obtained judgment allowing her to mine at Empress Mine (HB 84-20). First respondent noted appeal to Supreme Court (SC 209-20) allegedly to buy time. Applicant sought leave to execute judgment pending appeal.
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