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Harare High Court

Alexious Jacha Mupfuti v Moleen Makiyi & James Teacher Kamanga t/a Jimmole Mining Syndicate & Minister of Mines and Mining Development N.O.

HH 124-23

Case Details

Court
Harare High Court
Date
15 February 2023
Citation
HH 124-23
Neutral Citation
[2023] ZWHH 124
Outcome
unknown
Case Type
Application

Bench

Presiding
Chinamora J
Full Bench
Chinamora J
Areas of Law
Mining LawProperty Law
Keywords
mining registrationcertificate cancellationconsent requirementMines and Minerals Act
Tags
mining lawland rightsconsent requirements
legislation
Statutes Cited
  • Mines and Minerals Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Does section 31 of the Mines and Minerals Act provide for cancellation of a mining registration certificate if the prior written consent of the landholder has not been obtained?","issue_type":"law","dispositive":"yes","related_facts":"Respondents issued mining registration without applicant's consent"}
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background
Facts of the Case

Background

The applicant, resettled on a 5-hectare plot in 1985, sought cancellation of a mining registration certificate issued to the first and second respondents covering his land, arguing they failed to obtain his written consent as required by section 31 of the Mines and Minerals Act.
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