Tilfury Zimbabwe (Pvt) Ltd and Fungai Bangidza v Damofalls Investments (Pvt) Ltd and Minister of Mines & Mining Development (N.O.)

Key Issues

• {"issue_text":"Whether the applicants have established a clear and definite right to the mining claims sufficient to warrant a final interdict and declaratur.","issue_type":"law","dispositive":"yes","related_facts":"Registration of claims, survey report findings, compliance with Mines and Minerals Act."}
• {"issue_text":"Whether the registration of claims Glen Arroch 82, 83, and Main 2 was lawful, specifically regarding the requirement for consent from the EPO holder under Section 31 of the Mines and Minerals Act.","issue_type":"law","dispositive":"yes","related_facts":"Applicants sought permission from Zibagwe RDC instead of the 1st respondent."}
• {"issue_text":"Whether the applicants are mining in the correct area as per their registration for Glen Arroch 80 and 81.","issue_type":"fact","dispositive":"yes","related_facts":"Survey report showing mismatch between ground and docket positions."}
• {"issue_text":"Whether Section 58 of the Mines and Minerals Act provides an absolute bar to challenging the applicants' title.","issue_type":"law","dispositive":"yes","related_facts":"Applicants' reliance on Section 58 as a shield."}

Background