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Bulawayo High Court
Amos Machona v Elite Park Enterprises (Pvt) Ltd and The Ministry of Mines
HB 09/21
Case Details
Court
Bulawayo High Court
Date
21 January 2021
Citation
HB 09/21
Neutral Citation
[2021] ZWHB 09
Outcome
unknown
Case Type
Urgent Application
Bench
Presiding
Dube-Banda J
Full Bench
Dube-Banda J
Areas of Law
Mining lawCivil procedureUrgent applications
Keywords
mining claimImbesu KraalFundisi Farmurgencyprovisional order
Tags
mining rightsland disputeurgency
legislation
Statutes Cited
- High Court Act
- {'statutory_instruments': 'Practice Directive 1 of 2021', 'made_under': 'High Court Act (implied)', 'section': 'n/a', 'treatment': 'applied (but attempt to circumvent was rejected)', 'for_proposition': 'Suspension of ordinary filing 5 Jan – 3 Feb 2021 does not create urgency', 'interpretation': 'Cannot be used as a pretext to file non-urgent matters as urgent\n### OTHER AUTHORITIES'}
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the application is urgent","issue_type":"procedural","dispositive":"yes","related_facts":"Delay from October 2020 to January 2021, filing during court suspension"}
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background
Facts of the Case
Background
Applicant, a beneficiary of land reform, sought urgent interdict against 1st respondent mining at Imbesu Kraal. 1st respondent's certificate shows Fundisi Farm. Applicant delayed since October 2020 and only filed urgent application in January 2021 during court filing suspension.
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