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Harare High Court
Lescaut Investments (Pvt) Ltd and Breckridge Investments (Pvt) Ltd v Danangwe District Youth in Mining Cooperative Society and Minister of Mines and Mining Development
HH 450-18
Case Details
Court
Harare High Court
Date
25 July 2018
Citation
HH 450-18
Neutral Citation
[2018] ZWHH 450
Outcome
unknown
Case Type
Application
Bench
Presiding
Mathonsi J
Full Bench
Mathonsi J
Areas of Law
Mining lawProperty lawCivil procedure
Keywords
Gold claimsEvictionSummary judgmentImprovements lienMining rightsRei vindicatio
Tags
Mining claimsEvictionSummary judgmentImprovements lien
legislation
Statutes Cited
- Mines and Minerals Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the applicants are entitled to summary judgment for eviction of the first respondent from the mining claims","issue_type":"mixed","dispositive":"yes","related_facts":"Registration of claims, expiry of temporary arrangement, absence of tribute agreement"}
- {"issue_text":"Whether the first respondent can resist eviction based on an improvements lien","issue_type":"law","dispositive":"no","related_facts":"Alleged improvements by first respondent, no details provided"}
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background
Facts of the Case
Background
The applicants, sister mining companies, sought summary judgment for the eviction of the first respondent mining cooperative from gold claims registered in the first applicant's name. The parties had previously entered into a 6-month temporary arrangement in 2016, but no tribute agreement was concluded thereafter.
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