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Harare High Court
SELDO MINING (PVT) LTD v G & W INDUSTRIAL MINERALS (PVT) LTD
HH 53-23
Case Details
Court
Harare High Court
Date
25 January 2023
Citation
HH 53-23
Neutral Citation
[2023] ZWHH 53
Outcome
unknown
Case Type
Application
Bench
Presiding
CHITAPI J
Full Bench
CHITAPI J
Areas of Law
Mining LawProperty LawAdministrative Law
Keywords
mining claimsforfeituretribute agreementinterdictevictionexclusive mining rights
Tags
mining claimsinterdictevictionadministrative forfeituretribute agreement
legislation
Statutes Cited
- Mines and Minerals Act
- Mines and Minerals Act
- Administrative Justice Act
- High Court Act
- Constitution of Zimbabwe
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether applicant has established a clear right to interdict and evict","issue_type":"mixed","dispositive":"yes","related_facts":"Registration certificates, continued mining by respondent, expiry of tribute agreement"}
- {"issue_text":"Whether forfeiture and registration process can be challenged without review application","issue_type":"procedural","dispositive":"no","related_facts":"Allegations of irregularities, absence of review proceedings"}
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background
Facts of the Case
Background
The applicant, registered holder of eight dolomite mining claims, sought an interdict and eviction order against the first respondent who continued mining operations on the claims despite expiry of a 1969 tribute agreement with ARDA and forfeiture of the claims in 2009. The first respondent disputed the validity of the forfeiture and registration but brought no review application.
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