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Supreme Court

Fisani Moyo (2) Valentine Mine v Blanket Mine (1983) Private Limited (2) Zimbabwe Republic Police Gwanda (3) Provincial Mining Director N.O

[2022] ZWSC 87

Case Details

Court
Supreme Court
Date
23 March 2022
Citation
[2022] ZWSC 87
Judgment No.
SC 87/22
Outcome
unknown
Case Type
Appeal

Bench

Presiding
Gwaunza DCJ
Full Bench
Gwaunza DCJChitakunye JAMwayera JA
Areas of Law
Property LawMining Law
Keywords
spoliationmining claimpeaceful possessionevictionurgent application
Tags
spoliation ordermining claimsevictionurgent application
legislation
Statutes Cited
  • Mines and Minerals Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the court a quo misdirected itself by granting relief on urgent basis","issue_type":"procedural","dispositive":"no","related_facts":"Application characterized as spoliation not eviction"}
  • {"issue_text":"Whether the court a quo erred in granting spoliation order when first respondent was not shown to be in physical control","issue_type":"mixed","dispositive":"yes","related_facts":"Temporary cessation of physical occupation but retention of intention to resume"}
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background
Facts of the Case

Background

The first respondent applied for a spoliation order alleging it was in peaceful possession of Valentine 56 mining claim before being despoiled by appellants. The appellants opposed, claiming they were the registered owners. The High Court granted the spoliation order, finding the first respondent had been despoiled. Appellants appealed.
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