Grandwell Holdings (Private) Limited v Zimbabwe Mining Development Corporation & 2 Ors

[2020] ZWSC 5

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Case Details

Court

Supreme Court

Date

16 January 2020

Citation

[2020] ZWSC 5

Judgment No.

SC 5/20

Outcome

unknown

Case Type

Appeal

Bench

Presiding

Gwaunza DCJ

Author

MATHONSI JA

Full Bench

Gwaunza DCJMAVANGIRA JAMATHONSI JA

Areas of Law

Contract LawMining Law

Keywords

Specific performanceJoint venture agreementSpecial grantsMining rightsBreach of contract

Key Issues

{"issue_text":"Whether the letter of 30 September 2015 constituted specific performance of the respondents' contractual obligations","issue_type":"mixed","dispositive":"yes","related_facts":"Letter seeking exemption from renewal fees, non-payment of renewal fees"}
{"issue_text":"Whether the respondents breached clause 6.3.1 of the Joint Venture Agreement","issue_type":"law","dispositive":"yes","related_facts":"Failure to pay renewal fees, allowing grants to expire"}
{"issue_text":"Whether the court should exercise its discretion to grant specific performance","issue_type":"law","dispositive":"yes","related_facts":"Breach of contract, possibility of performance"}

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Facts of the Case

Background

The appellant and second respondent were 50/50 shareholders in a joint venture company (third respondent) for diamond mining. The second respondent failed to pay renewal fees for special mining grants, allowing them to expire despite contractual obligations to maintain them in perpetuity. The first respondent, as guarantor, also failed to act.

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