ALL AFLAME MARKETING [PVT] LTD AND COMPETITIVE MARKETING [PVT] LTD Versus JOHN FARLEY PETERSEN AND PROVINCIAL MINING DIRECTOR MATABELELAND SOUTH PROVINCE AND OFFICER IN CHARGE, ZIMBABWE REPUBLIC POLICE, FILABUSI

HB 09/25

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Case Details

Court

Bulawayo High Court

Date

10 February 2025

Citation

HB 09/25

Neutral Citation

[2025] ZWHB 09

Outcome

unknown

Case Type

Application

Bench

Presiding

NDLOVU J

Full Bench

NDLOVU J

Areas of Law

Mining LawCivil ProcedureInterdictory Relief

Keywords

Mining claimsRoyal Family Group Mining ClaimsJoint venture agreementInterdictMineral rights

Key Issues

{"issue_text":"Whether there are material disputes of facts","issue_type":"procedural","dispositive":"no","related_facts":"Joint venture agreement terms"}
{"issue_text":"Whether the resolutions are fatally defective","issue_type":"procedural","dispositive":"no","related_facts":"Company resolutions"}
{"issue_text":"Whether the shareholding is a nullity","issue_type":"procedural","dispositive":"no","related_facts":"Previous shareholding transaction"}
{"issue_text":"Whether the founding affidavit is fatally defective","issue_type":"procedural","dispositive":"no","related_facts":"Corporate representation in affidavit"}
{"issue_text":"Whether this matter is lis pendens","issue_type":"procedural","dispositive":"no","related_facts":"Previous withdrawn application"}
{"issue_text":"Whether applicants have satisfied requirements of interdict","issue_type":"substantive","dispositive":"yes","related_facts":"Clear right, irreparable harm, alternative remedy"}

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background

Facts of the Case

Background

Applicants, holders of mining claims known as Royal Family Group Mining Claims, sought an interdict against 1st respondent who was allegedly conducting unauthorized mining activities on their claims. The parties had previously entered into a joint venture agreement in 2012, but 1st respondent began independent mining operations outside the agreement.

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