Spencer Tshuma v Kevin Magwaza (2) Sebastin Magodo (3) Minister of Mines and Mining Development N.O (4) Honourable Kubonera N.O (5) Provincial Mining Director, Mashonaland West N.O (6) The Sheriff for Zimbabwe N.O

SC 108/20

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Case Details

Court

Supreme Court

Date

28 July 2020

Citation

SC 108/20

Neutral Citation

[2020] ZWSC 108

Outcome

unknown

Case Type

Urgent Application

Bench

Presiding

Uchena JA

Full Bench

Uchena JA

Areas of Law

Civil ProcedureMining LawSupreme Court Jurisdiction

Keywords

chamber applicationsetting aside ordersuspension of orderappealmining rights

Key Issues

{"issue_text":"Whether a judge sitting in chambers has jurisdiction to set aside or suspend an order of the court a quo","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant filed urgent chamber application to set aside paragraph 11 of High Court order"}

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background

Facts of the Case

Background

The applicant and respondents were involved in a dispute over control and mining rights at Etna Mine. The applicant had entered into a five-year partnership agreement with the second respondent (September 2016 to September 2021) to conduct mining operations. Before the agreement expired, the second respondent sold the mine to the first respondent, leading to disputes over control. Three opposed applications were consolidated and heard by the High Court, which issued an order including paragraph 11 stating that the order's operation would not be suspended by any appeal.

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