MCA Venture Capital (Private) Limited v (1) Secretary for Mines and Mining Development (2) Minister of Mines and Mining Development (3) Chief Mining Commissioner (4) Commissioner General of Police (5) Zimbabwe Alloys Limited

Judgment No. SC 43/21, Civil Appeal Case No. 344/19

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Case Details

Court

Supreme Court

Date

13 May 2021

Citation

Judgment No. SC 43/21, Civil Appeal Case No. 344/19

Neutral Citation

[2021] ZWSC 43

Judgment No.

SC 43/21

Outcome

unknown

Case Type

Appeal

Bench

Presiding

Mavangira JA

Full Bench

Mavangira JABhunu JAChitakunye AJA

Areas of Law

Administrative LawMining LawCorporate Law

Keywords

Judicial ManagementMining ClaimsInterdictLeave to SueMines and Minerals Act

Key Issues

{"issue_text":"Whether MCA Venture needed leave to proceed against Zimbabwe Alloys under judicial management for urgent chamber application seeking interdict against government officials","issue_type":"procedural","dispositive":"yes","related_facts":"Zimbabwe Alloys under judicial management, interdict sought against government officials, not Zimbabwe Alloys"}

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background

Facts of the Case

Background

MCA Venture Capital purchased eight mining claims from Mine Mills Trading and began operations. Zimbabwe Alloys Limited claimed ownership of one claim (14833BM). Government officials issued directive stopping operations pending hearing. MCA Venture sought urgent interdict against government officials, not Zimbabwe Alloys. High Court struck application off roll for failure to seek leave to proceed against Zimbabwe Alloys under judicial management.

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