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Harare High Court
Falcon Gold Zimbabwe Ltd and Inyamazane Gold (Pvt) Ltd v Fisani Moyo and 10 Others
[2025] ZWHH 373
Case Details
Court
Harare High Court
Date
26 June 2025
Citation
[2025] ZWHH 373
Judgment No.
HH 373-25
Outcome
unknown
Case Type
Trial
Bench
Presiding
Mambara J
Full Bench
Mambara J
Areas of Law
Mining LawProperty LawCivil Procedure
Keywords
mining claimsevictiontrespassabsolution from the instanceprima facie casesurvey evidence
Tags
mining claimsevictiontrespassabsolution from the instance
legislation
Statutes Cited
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ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether plaintiffs established prima facie case for eviction/trespass","issue_type":"mixed","dispositive":"yes","related_facts":"Location of defendants' mining activities; boundary coordinates; defendants' employment status"}
- {"issue_text":"Whether court should grant absolution from the instance","issue_type":"procedural","dispositive":"yes","related_facts":"Sufficiency of plaintiffs' evidence; absence of survey evidence"}
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background
Facts of the Case
Background
The plaintiffs, holders of mining claims Antelope East and Antelope East Extension 2, sued 11 defendants for unlawful mining on their claims. The defendants denied trespassing, claiming they were employees of Lucky Heather (Pvt) Ltd working on adjacent Stella City A & B claims. After plaintiffs closed their case, defendants applied for absolution from the instance.
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