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Harare High Court
Betmon Investments (Pvt) Ltd v Dishik Investments (Pvt) Ltd
HH 121-17
Case Details
Court
Harare High Court
Date
7 February 2017
Citation
HH 121-17
Neutral Citation
[2017] ZWHH 121
Outcome
unknown
Case Type
Urgent Application
Bench
Presiding
Mwayera J
Full Bench
Mwayera J
Areas of Law
Property LawMining Law
Keywords
spoliationmandament van spoliemining claimspeaceful possession
Tags
spoliationmining claimsurgent application
legislation
Statutes Cited
- Mines and Minerals Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the applicant was unlawfully dispossessed of peaceful possession","issue_type":"mixed","dispositive":"yes","related_facts":"Applicant's peaceful possession since 2011, respondent's entry on 1 February 2017"}
- {"issue_text":"Whether the requirements for spoliation have been met","issue_type":"law","dispositive":"yes","related_facts":"Peaceful possession, illicit dispossession"}
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background
Facts of the Case
Background
The applicant, Betmon Investments (Pvt) Ltd, had been in peaceful possession of mining claims at Chibara Hills since 2011. On 1 February 2017, the respondent Dishik Investments (Pvt) Ltd entered the claims, placed building materials and recruited villagers as employees, claiming to have registered claims over the same area. The applicant approached the court on 3 February 2017 seeking a spoliation order.
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