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Harare High Court
Sandawana Mines (Pvt) Ltd v Avoseh Investments (Pvt) Ltd and 4 Ors
HH 489-23
Case Details
Court
Harare High Court
Date
11 August 2023
Citation
HH 489-23
Neutral Citation
[2023] ZWHH 489
Outcome
unknown
Case Type
Urgent Application
Bench
Presiding
MUREMBA J
Full Bench
MUREMBA J
Areas of Law
Mining LawInterdict Law
Keywords
mining claimsencroachmentlithiumpreservation of mineralsprima facie right
Tags
anti-dissipation interdictmining disputelithium oreres litigiosa
legislation
Statutes Cited
- Mines and Minerals Act
- High Court Act
- Constitution of Zimbabwe
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the applicant has established a prima facie right warranting an anti-dissipation interdict","issue_type":"law","dispositive":"yes","related_facts":"Overlapping mining claims, pending review applications, finite nature of lithium"}
- {"issue_text":"Whether the balance of convenience favors granting the interdict","issue_type":"mixed","dispositive":"yes","related_facts":"First respondent's daily extraction, irreparable harm to applicant"}
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background
Facts of the Case
Background
The applicant and first respondent have overlapping mining claims with a disputed 25-hectare area. The applicant seeks an anti-dissipation interdict to prevent the first respondent from extracting lithium ore from the disputed area pending determination of related review and declaratory applications.
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