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Harare High Court
Shamva Mining Company (Private) Limited v Occa Mining (Private) Limited and 3 Ors
HH 263-25
Case Details
Court
Harare High Court
Date
15 April 2025
Citation
HH 263-25
Neutral Citation
[2025] ZWHH 263
Outcome
unknown
Case Type
Application
Bench
Presiding
Musithu J
Full Bench
Musithu J
Areas of Law
Mining LawCivil ProcedurePrescription
Keywords
mining leasecertificate of registrationprior peggerground not open to prospectingdeclaratory relief
Tags
mining rightsdeclaraturprior pegger principleprescriptionmining lease
legislation
Statutes Cited
- High Court Act
- Mines and Minerals Act
- Mines and Minerals Act
- Mines and Minerals Act
- Mines and Minerals Act
- Prescription Act
- Prescription Act
- Prescription Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the applicant's claim for declaratur and cancellation was subject to prescription under Prescription Act","issue_type":"procedural","dispositive":"yes","related_facts":"Claim instituted in 2023, first respondent registered 2016"}
- {"issue_text":"Whether prescription was interrupted by proceedings before PMD","issue_type":"procedural","dispositive":"no","related_facts":"Letter of complaint dated 27 October 2018"}
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background
Facts of the Case
Background
The applicant sought a declaratur to nullify the first respondent's mining certificate claiming it was registered on ground not open to prospecting and violated the prior pegger principle. The first respondent raised prescription as a preliminary point, arguing the claim was time-barred.
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