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Masvingo High Court
Luckmore Shoko v Dohwe 2015 Mine & 3 Ors
HMA 04-21
Case Details
Court
Masvingo High Court
Date
27 January 2021
Citation
HMA 04-21
Neutral Citation
[2021] ZWHMA 04-21
Outcome
unknown
Case Type
Urgent Application
Bench
Presiding
Wamambo J
Full Bench
Wamambo J
Areas of Law
Mining lawCivil procedure
Keywords
Special grantMining coordinatesUrgencyIllegal mining
Tags
Mining rightsSpecial grantUrgent applicationEviction
legislation
Statutes Cited
- No specific statutes were cited or interpreted in this judgment. The court relied entirely on common law principles regarding urgency.
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the application is urgent","issue_type":"procedural","dispositive":"yes","related_facts":"Delay in bringing application, prior mining activities by respondents"}
- {"issue_text":"Whether applicant has established a cause of action","issue_type":"procedural","dispositive":"no","related_facts":"Lack of registered mining rights"}
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background
Facts of the Case
Background
Applicant applied for a special grant for a mine in Mberengwa on 16 November 2020. After learning that 1st and 2nd respondents were mining on the same coordinates, he launched an urgent chamber application on 12 January 2021 seeking eviction and interdict. Respondents opposed the application raising points in limine including lack of urgency.
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