Anesu Gold (Pvt) Ltd versus Onesimo Mazai Moyo N.O and Tarirro Ndhlouvu N.O and Golden Reef Mining (Pvt) Ltd and Winston Chitando N.O

HH 642-23

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Case Details

Court

Harare High Court

Date

29 November 2023

Citation

HH 642-23

Neutral Citation

[2023] ZWHH 642

Outcome

unknown

Case Type

Trial

Bench

Presiding

MHURI J

Full Bench

MHURI J

Areas of Law

Administrative LawMining LawCompany Law

Keywords

Forfeiture of mining claimsSpecial GrantLocus standiAdministrative Justice ActNatural justiceAudi alteram partem

Key Issues

{"issue_text":"Whether the plaintiff has locus standi to bring the present claims.","issue_type":"procedural","dispositive":"yes","related_facts":"Name change from Start Mining to Anesu Gold in 2011; registration delay until 2020"}
{"issue_text":"Whether the forfeiture of the plaintiff’s mining claims was lawful.","issue_type":"law","dispositive":"yes","related_facts":"Publication of forfeiture notices; lack of direct notice; failure to register address"}
{"issue_text":"Whether Special Grant No. 7321 or its extensions or renewals should be cancelled.","issue_type":"law","dispositive":"yes","related_facts":"Grant issued after forfeiture; link between forfeiture and grant"}

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Facts of the Case

Background

Anesu Gold (Pvt) Ltd, formerly Start Mining Services (Pvt) Ltd, held eight mining claims which were forfeited by the Ministry of Mines in 2019 due to failure to obtain inspection certificates. The forfeiture notices were posted on a notice board in Gweru, but no direct notice was given to the company, which had not registered an address with the Ministry. A Special Grant No. 7321 was later issued to Golden Reef Mining (Pvt) Ltd over the same area. The plaintiff challenged the forfeiture and the grant, arguing lack of procedural fairness.

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