Over and Above Profit Enterprises (Pvt) Ltd t/a Even Milling Centre v Albert Yotamu and The Chief Commissioner-Kadoma (N.O) and Officer in Charge Zimbabwe Republic Police Sanyati (N.O)

HH 462-12

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Case Details

Court

Harare High Court

Date

7 December 2012

Citation

HH 462-12

Neutral Citation

[2012] ZWHH 462

Outcome

unknown

Case Type

Application

Bench

Presiding

Bere J

Full Bench

Bere J

Areas of Law

Mining lawProperty lawInterdicts

Keywords

Mining rightsEssex claimsMineral licencesInterdictPrior pegger

Key Issues

{"issue_text":"Whether the applicant is the sole and rightful holder of mining rights over Essex 8, Essex 27 and Essex 28","issue_type":"mixed","dispositive":"yes","related_facts":"Applicant's registration since 2005, committee findings, first respondent's concession"}
{"issue_text":"Whether the first respondent should be interdicted from interfering with the applicant's mining activities","issue_type":"law","dispositive":"yes","related_facts":"First respondent's opposition and claims to the area"}
{"issue_text":"Whether costs should be awarded on attorney-client scale","issue_type":"discretionary","dispositive":"no","related_facts":"First respondent's conduct in opposing the matter"}

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background

Facts of the Case

Background

The applicant sought confirmation of a provisional order declaring it the sole holder of mining rights over three mining blocks (Essex 8, 27, and 28). The first respondent opposed, claiming rights to the same area, but conceded that Essex 8 and 27 were located 3km away from his plot. The applicant held valid mining licences registered since 2005, and a committee investigation concluded the applicant was the prior pegger.

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