Scraivern Nyamuchengwa v Ray and Brian Enterprises (Private) Limited & 2 Ors

SC 397/23

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Case Details

Court

Supreme Court

Date

25 July 2024

Citation

SC 397/23

Neutral Citation

[2024] ZWSC 73

Outcome

unknown

Case Type

Appeal

Bench

Presiding

Gwaunza DCJ

Author

Chiweshe JA

Full Bench

Gwaunza DCJChiweshe JAMusakwa JA

Areas of Law

Mining LawCivil Procedure

Keywords

mining claiminterdictlis pendensadministrative appealHigh Court jurisdiction

Key Issues

{"issue_text":"Whether the High Court erred in upholding the preliminary point of lis pendens","issue_type":"procedural","dispositive":"no","related_facts":"Pending appeal before Minister of Mines"}
{"issue_text":"Whether leave to appeal was required for the interlocutory order","issue_type":"procedural","dispositive":"yes","related_facts":"Order removing matter from roll"}
{"issue_text":"Whether the order removing matter from roll was final or interlocutory","issue_type":"procedural","dispositive":"yes","related_facts":"Nature of the High Court order"}

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background

Facts of the Case

Background

The appellant, a miner, appealed against the High Court's decision to remove from the roll an application for an interdict brought by the first respondent (a farm owner) seeking to bar the appellant from mining activities on its farm. The High Court had found the matter was lis pendens due to a pending appeal before the Minister of Mines.

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