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Harare High Court
Rodgers Madangure v Shato Lufeyi and 2 Ors
HH 234-10
Case Details
Court
Harare High Court
Date
20 October 2010
Citation
HH 234-10
Neutral Citation
[2010] ZWHH 234
Outcome
unknown
Case Type
Urgent Application
Bench
Presiding
GOWORA J
Full Bench
GOWORA J
Areas of Law
Mining LawSpoliationCivil Procedure
Keywords
gold mining claimsprovisional orderspoliationinterdict
Tags
mining claimsspoliationinterdictjoint venture
legislation
Statutes Cited
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ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the matter is urgent given the eight-day delay in filing","issue_type":"procedural","dispositive":"no","related_facts":"Alleged spoliation on 11-12 September 2010, application filed 20 September 2010"}
- {"issue_text":"Whether the application is an improper attempt to circumvent an existing court order","issue_type":"procedural","dispositive":"yes","related_facts":"5 May 2010 order still extant, applicant seeks to vary its effect"}
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background
Facts of the Case
Background
The applicant purchased shares in a mining company from the third respondent and invested in developing gold mining claims. A previous court order interdicted the third respondent and anyone claiming through him from mining activities. The applicant, claiming through the third respondent, sought restoration of possession and eviction of other parties from the mining site.
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