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Bulawayo High Court
Hwange Coal Gasification Company (Pvt) Ltd v Hwange Colliery Co. Ltd & Zhong Jian Investments (Pvt) Ltd
HB 174/23
Case Details
Court
Bulawayo High Court
Date
31 August 2023
Citation
HB 174/23
Neutral Citation
[2023] ZWHB 174
Outcome
unknown
Case Type
Application
Bench
Presiding
Takuva J
Full Bench
Takuva J
Areas of Law
Contract LawInterdict Law
Keywords
InterdictProvisional orderCoal supply contractsRestraint of tradeSelf-help
Tags
InterdictContractual disputesMiningCoal supply
legislation
Statutes Cited
- Banking Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether applicant established requirements for final interdict","issue_type":"mixed","dispositive":"yes","related_facts":"Clear right, act of interference, no other remedy"}
- {"issue_text":"Whether first respondent's conduct was lawful self-help or unlawful interference","issue_type":"law","dispositive":"yes","related_facts":"Physical prevention of supply, no court order"}
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background
Facts of the Case
Background
The applicant, a coal processing company, sought confirmation of a provisional order interdicting the first respondent from interfering with its coal supplies from the second respondent. The applicant requires continuous coal supply to prevent damage to its battery plant worth US$40 million. When the first respondent stopped supplying coal, the applicant contracted with the second respondent, but the first respondent then barred the second respondent from supplying coal to the applicant, claiming breach of their mining contract.
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