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Bulawayo High Court
Cleo Band Investments (Pvt) Ltd v Chigami 2 Syndicate & 2 Ors
HB 147-19
Case Details
Court
Bulawayo High Court
Date
10 October 2019
Citation
HB 147-19
Neutral Citation
[2019] ZWHB 147
Outcome
unknown
Case Type
Urgent Application
Bench
Presiding
Moyo J
Full Bench
Moyo J
Areas of Law
Mining LawCivil Procedure
Keywords
mining claimsinterim relieffinal reliefinterdictoption agreement
Tags
mining claimsinterim interdicturgent application
legislation
Statutes Cited
- High Court Rules
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether interim relief couched in final terms is competent in urgent applications","issue_type":"procedural","dispositive":"yes","related_facts":"Interim relief sought was final in nature, not temporary"}
- {"issue_text":"Whether interim and final relief being similarly worded affects competence","issue_type":"procedural","dispositive":"yes","related_facts":"Both interim and final relief sought same interdict"}
- {"issue_text":"Whether founding affidavit contains hearsay evidence","issue_type":"procedural","dispositive":"no","related_facts":"Respondents challenged affidavit evidence as hearsay"}
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background
Facts of the Case
Background
The applicant and respondents entered into an option agreement giving applicant occupation of respondents' mining claims. Applicant alleged respondents were interfering with its occupation by conducting unauthorized activities at the mines. Applicant sought an interim interdict preventing interference pending final determination.
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