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Harare High Court
Fredson Mabhena v Adonis Chipwanyira & 2 Ors
HH 159-24
Case Details
Court
Harare High Court
Date
5 April 2024
Citation
HH 159-24
Neutral Citation
[2024] ZWHH 159
Outcome
unknown
Case Type
Trial
Bench
Presiding
CHITAPI J
Full Bench
CHITAPI J
Areas of Law
Mining LawContract LawCivil Procedure
Keywords
Mining claimsPrescriptionAlienationRegistrationBreach of contract
Tags
Mining claimsPrescriptionContractual breachSection 275 Mines and Minerals Act
legislation
Statutes Cited
- Prescription Act
- Mines and Minerals Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether plaintiff's claim has prescribed under Prescription Act","issue_type":"procedural","dispositive":"yes","related_facts":"Cause of action arose in 2017/2018, action instituted July 2023"}
- {"issue_text":"Whether plaintiff acquired valid title to mining claims under section 275 of Mines and Minerals Act","issue_type":"law","dispositive":"yes","related_facts":"No registration of alleged alienation within 60 days"}
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background
Facts of the Case
Background
Plaintiff claimed beneficial ownership of mining claims registered in second defendant's name and alleged breach of agreement to transfer claims to jointly owned company. Defendants raised prescription plea arguing claim arose in 2017/2018 and prescribed after 3 years.
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