OPTIMAX MINING RESOURCES (PVT) LTD versus NCD COAL MINES (PVT) LTD and NEXT GEN POWER (PVT) LTD and MINERALS MARKETING CORPORATION OF ZIMBABWE

Key Issues

• {"issue_text":"Whether applicant has established a clear right to the iron ore","issue_type":"mixed","dispositive":"yes","related_facts":"Purchase at auction, documentation of ownership, removal by second respondent"}
• {"issue_text":"Whether there is well-founded apprehension of irreparable harm","issue_type":"fact","dispositive":"yes","related_facts":"Previous removal attempts, lack of undertaking not to remove ore"}
• {"issue_text":"Whether balance of convenience favors granting interim relief","issue_type":"mixed","dispositive":"yes","related_facts":"Prejudice to applicant if ore removed, minimal prejudice to respondents if interdict granted"}
• {"issue_text":"Whether there is absence of satisfactory alternative remedy","issue_type":"law","dispositive":"yes","related_facts":"No other remedy would preserve ore pending determination of rights"}
• {"issue_text":"Whether procedural objections in limine have merit","issue_type":"procedural","dispositive":"no","related_facts":"Various objections raised by second respondent"}

Background