Wilfred Chipfumo v Loreen Mashangwa and Others

HMA 02-21

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Case Details

Court

Masvingo High Court

Date

15 January 2021

Citation

HMA 02-21

Neutral Citation

[2021] ZWHMA 2

Outcome

unknown

Case Type

Urgent Application

Bench

Presiding

WAMAMBO J

Full Bench

WAMAMBO J

Areas of Law

Property LawMining LawAdministrative Law

Keywords

Offer LetterMining OperationsEvictionLand ReformProvisional Order

Key Issues

{"issue_text":"Whether applicant has established a prima facie right to the land he occupies by virtue of an offer letter","issue_type":"law","dispositive":"yes","related_facts":"Applicant's offer letter, ground verification report findings"}
{"issue_text":"Whether applicant will suffer irreparable harm if mining operations continue on his homestead","issue_type":"fact","dispositive":"yes","related_facts":"Destruction of crops and fence, threats to kill applicant"}
{"issue_text":"Whether the mine registration should be cancelled under section 50 of the Mines and Minerals Act","issue_type":"law","dispositive":"no","related_facts":"Ground verification report findings regarding registration on non-prospecting ground"}

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background

Facts of the Case

Background

Applicant holds an offer letter for Stand 47 in Mont Dor South Farm, Shurugwi. First and second respondents obtained a provisional order to interdict mining operations but allegedly used it to violently evict applicant from his homestead with armed gang members. Ground verification reports revealed errors in the mine registration and land allocation, showing the mine was registered on ground not open to prospecting.

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