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Bulawayo High Court
E. A FunDira Trust v Regis Mining Syndicate and Robert Chipwanyira
HB 189/21
Case Details
Court
Bulawayo High Court
Date
30 September 2021
Citation
HB 189/21
Neutral Citation
[2021] ZWHB 189
Outcome
unknown
Case Type
Application
Bench
Presiding
Kabasa J
Full Bench
Kabasa J
Areas of Law
Mining LawCivil Procedure
Keywords
Inordinate delayProspects of successSection 35 Mines and Minerals ActSpecial grantProspecting rights
Tags
Want of prosecutionSpecial mining grantProspecting licenceReservation under Mines and Minerals Act
legislation
Statutes Cited
- Mines and Minerals Act
- Mines and Minerals Act
- Mines and Minerals Act
- High Court Rules, 1971
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the applicant has made out a case for dismissal of the respondents’ application for want of prosecution.","issue_type":"procedural","dispositive":"yes","related_facts":"Failure to file answering affidavit, inordinate delay, lack of set down"}
- {"issue_text":"Whether the respondents have prospects of success on the merits of their application.","issue_type":"mixed","dispositive":"yes","related_facts":"Status of mining location, reservation under section 35, lapse of special grant"}
- {"issue_text":"Whether the balance of convenience favours dismissal of the application.","issue_type":"mixed","dispositive":"yes","related_facts":"Prejudice to applicant, interference with operations, lethargy in prosecution"}
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background
Facts of the Case
Background
The respondents filed an application in 2016 seeking a declaration of mining rights and cancellation of a special mining grant issued to the applicant. The applicant opposed and filed an opposing affidavit in 2017, but the respondents failed to file an answering affidavit or set down the matter for hearing. In October 2020, the applicant applied for dismissal of the respondents’ case for want of prosecution, citing inordinate delay and lack of prospects of success.
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