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Harare High Court
FREDA REBECCA GOLD MINE LIMITED v WILFRED MBOMA
HH 84/22
Case Details
Court
Harare High Court
Date
9 February 2022
Citation
HH 84/22
Neutral Citation
[2022] ZWHH 84
Outcome
unknown
Case Type
Urgent Application
Bench
Presiding
MUZOFA J
Full Bench
MUZOFA J
Areas of Law
Property LawMining LawCivil Procedure
Keywords
spoliation ordermining leasepeaceful possessionself-helpmineral rights
Tags
spoliationmining leaseurgent applicationpossessory remedy
legislation
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ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the applicant was in peaceful and undisturbed possession of the property","issue_type":"fact","dispositive":"yes","related_facts":"Applicant's continuous operation under Mining Lease 21, police restoration order"}
- {"issue_text":"Whether the respondent deprived the applicant of possession forcibly or wrongfully against its consent","issue_type":"fact","dispositive":"yes","related_facts":"Alleged re-invasion on 15 December 2021, presence of respondent's employees"}
- {"issue_text":"Whether the matter is urgent","issue_type":"procedural","dispositive":"no","related_facts":"Finite mineral resources being depleted, threat of irreversible harm"}
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background
Facts of the Case
Background
The applicant, a mining company holding Mining Lease 21 in Bindura, alleged that the respondent unlawfully occupied part of its leased area known as Kitsi and conducted illegal mining activities. The respondent had initially been ordered off the property by police in October 2021 but allegedly re-invaded on 15 December 2021. The applicant sought spoliatory relief to restore possession.
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