Quarrying Enterprises (Private) Limited v Southern Granite (Private) Limited & 2 Ors

SC 74/23

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Case Details

Court

Supreme Court

Date

26 July 2023

Citation

SC 74/23

Neutral Citation

[2023] ZWSC 74

Outcome

unknown

Case Type

Appeal

Bench

Presiding

MUSAKWA JA

Full Bench

UCHENA JACHIWESHE JAMUSAKWA JA

Areas of Law

Mining LawAdministrative LawCivil Procedure

Keywords

mining claimforfeiture noticecertificate of registrationinterdictreview applicationdeclaratory order

Key Issues

{"issue_text":"Whether the court a quo erred in setting aside the Minister's decision to cancel the first respondent's registration certificate","issue_type":"law","dispositive":"yes","related_facts":"Failure to follow s 50 procedure, delegation to committee"}
{"issue_text":"Whether an application for review can be combined with a declaratur","issue_type":"law","dispositive":"no","related_facts":"First respondent sought declaratory order in review application"}
{"issue_text":"Whether the court a quo erred in refusing to grant the interdict sought by the appellant","issue_type":"mixed","dispositive":"yes","related_facts":"Appellant's claim of clear right, prior pegging"}

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background

Facts of the Case

Background

Dispute over mining claim No. 26736 (Mutuwi) between appellant and first respondent. Appellant claimed forfeiture notice was revoked and it was lawful holder; first respondent claimed it lawfully acquired claim during forfeiture period. Minister attempted to cancel first respondent's certificate, leading to consolidated applications for interdict and review.

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