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Masvingo High Court
Christine Meya Sibanda v Smelly Dube and 4 Ors
HMA 54-20
Case Details
Court
Masvingo High Court
Date
10 September 2020
Citation
HMA 54-20
Neutral Citation
[2020] ZWHMA 54
Outcome
unknown
Case Type
Urgent Application
Bench
Presiding
WAMAMBO J
Full Bench
WAMAMBO J
Areas of Law
Mining LawPartnership LawCivil Procedure
Keywords
mining claimslocus standipartnership agreementinterdict
Tags
mining rightspartnership disputeinterdict
legislation
Statutes Cited
- Mines and Minerals Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Does the applicant have locus standi to bring this application?","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant is signatory to partnership agreement but agreement is between Glorry Investments and Tebekwe Sands"}
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background
Facts of the Case
Background
The applicant sought an interdict to stop 1st and 2nd respondents from mining on various Tebekwe claims, alleging a partnership agreement existed between them. The respondents raised preliminary points including lack of locus standi, arguing the partnership agreement was between different parties (Glorry Investments and Tebekwe Sands) and not with the applicant personally.
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