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Bulawayo High Court

K and G Mining Syndicate v Ronald Mugangavari and Provincial Mining Director (Midlands) and Minister of Mines and Mining Development N.O.

HB 159/20

Case Details

Court
Bulawayo High Court
Date
30 July 2020
Citation
HB 159/20
Neutral Citation
[2020] ZWHB 159
Outcome
unknown
Case Type
Application

Bench

Presiding
Dube-Banda J
Full Bench
Dube-Banda J
Areas of Law
Civil ProcedureMining Law
Keywords
Rule 449 High Court RulesCorrection of judgmentCitation errorMinisterial capacity
Tags
Rule 449 correctionCitation errorMining dispute
legislation
Statutes Cited
  • State Liabilities Act
  • High Court Rules, 1971
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether Rule 449 can be invoked to correct a citation error where a non-existent party (Ministry) was cited instead of the proper legal entity (Minister)","issue_type":"procedural","dispositive":"yes","related_facts":"Citation of Ministry instead of Minister in original application"}
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background
Facts of the Case

Background

The applicant sought to correct a 2017 judgment that had cited "Ministry of Mines and Mining Development N.O." instead of "Minister of Mines and Mining Development N.O." The applicant claimed this was a common mistake correctable under Rule 449, while the first respondent opposed, arguing it was an attempt to substitute a non-existent party with a new one.
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