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Harare High Court
Optimax Mining Resources (Private) Limited and Vusani Grey Diamond Sibanda and Next Gen Power Private Limited and NCD Coal Mining and Aurora Resources MDCC v Minerals Marketing Corporation of Zimbabwe
HH 416-21
Case Details
Court
Harare High Court
Date
27 July 2021
Citation
HH 416-21
Neutral Citation
[2021] ZWHH 416
Outcome
unknown
Case Type
Urgent Application
Bench
Presiding
Munangati-Manongwa J
Full Bench
Munangati-Manongwa J
Areas of Law
Mining LawCivil Procedure
Keywords
Iron ore stockpileSpoliationHearsay evidenceFounding affidavit
Tags
Urgent applicationSpoliationIron oreMining rights
legislation
Statutes Cited
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ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the founding affidavit was valid despite containing hearsay evidence","issue_type":"procedural","dispositive":"yes","related_facts":"The legal practitioner deponent had no personal knowledge of facts"}
- {"issue_text":"Whether the second applicant's affidavit was properly before the court","issue_type":"procedural","dispositive":"yes","related_facts":"Second applicant's affidavit was headed \"supporting affidavit\" and associated with first applicant's legal practitioner's affidavit"}
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background
Facts of the Case
Background
Applicants sought urgent relief to stop respondents from processing and exporting iron ore stockpiles at Mukwakwe Railway siding, claiming ownership. First respondent raised points in limine challenging the validity of the application based on hearsay evidence in the founding affidavit.
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