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Harare High Court
SELDO MINING (PVT) LTD v G & W INDUSTRIAL MINERALS (PVT) LTD
HH 510-18
Case Details
Court
Harare High Court
Date
5 September 2018
Citation
HH 510-18
Neutral Citation
[2018] ZWHH 510
Outcome
unknown
Case Type
Application
Bench
Presiding
MUSHORE J
Full Bench
MUSHORE J
Areas of Law
Mining LawProperty LawCivil Procedure
Keywords
Mining claimsEvictionInterdictTribute agreementMining CommissionerProvincial Mining Director
Tags
Mining claimsEvictionInterdictTribute agreement
legislation
Statutes Cited
- Mines and Minerals Act
- Mines and Minerals Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether applicant is entitled to an interdict preventing respondent from mining on its claims","issue_type":"law","dispositive":"yes","related_facts":"Applicant's legal ownership of claims, respondent's continued mining activities"}
- {"issue_text":"Whether respondent should be evicted from the mining claims","issue_type":"law","dispositive":"yes","related_facts":"Respondent's unlawful occupation since 2009"}
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background
Facts of the Case
Background
Applicant Seldo Mining purchased mining claims from ARDA in 2009 that were previously mined by respondent G&W Industrial Minerals under a tribute agreement that expired in 1989. Despite the purchase and proper registration of the claims, respondent remained in unlawful occupation and continued extracting ore from the mining blocks. Multiple administrative determinations by the Mining Commissioner and Provincial Mining Director confirmed applicant's legal rights to the claims.
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