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Harare High Court
Jameson Rushwaya and Annie Rushwaya vs Patterson Timba and Swimming Pool & Under Water Repairs (Pvt) Ltd and Tolrose Investments (Private) Limited and Messenger of Court, Kadoma
HH 19-2011
Case Details
Court
Harare High Court
Date
20 January 2011
Citation
HH 19-2011
Neutral Citation
[2011] ZWHH 19
Outcome
unknown
Case Type
Urgent Application
Bench
Presiding
Mavangira J
Full Bench
Mavangira J
Areas of Law
Property LawMining LawCivil Procedure
Keywords
Locus standiPoint in limineMining rightsPossessionSpoliation
Tags
MiningPossessionSpoliation
legislation
Statutes Cited
- NONE
ai analysis
Case Summary
Key Issues
- {"issue_text":"Do the applicants have locus standi in judicio to institute proceedings regarding possession of Glencairn Mine?","issue_type":"procedural","dispositive":"yes","related_facts":"The third respondent owns the mine, applicants are shareholders/directors, applicants cited third respondent as respondent"}
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background
Facts of the Case
Background
The applicants sought urgent relief regarding possession of Glencairn Mine and associated assets. They claimed to have been despoiled of possession and control of the mine. However, the court found that the mine was owned and operated by the third respondent company, and the applicants, as shareholders and directors, lacked standing to bring proceedings in their personal capacities.
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