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Harare High Court
T & J Rorke Gold (Private) Limited v Fungai Gwanzura
HH 718-17
Case Details
Court
Harare High Court
Date
25 October 2017
Citation
HH 718-17
Neutral Citation
[2017] ZWHH 718
Outcome
unknown
Case Type
Application
Bench
Presiding
Tsanga J
Full Bench
Tsanga J
Areas of Law
Mining lawCivil procedure
Keywords
Provisional orderWant of prosecutionMining claimsVictory 92 mine
Tags
Mining disputesProvisional ordersWant of prosecution
legislation
Statutes Cited
- High Court Rules
- High Court Rules
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether an urgent chamber application that has been granted can be dismissed for want of prosecution","issue_type":"procedural","dispositive":"yes","related_facts":"Provisional order granted 2010, never confirmed for 7+ years"}
- {"issue_text":"Whether rule 236(b) applies to provisional orders already granted","issue_type":"procedural","dispositive":"yes","related_facts":"Provisional order was granted, final order never sought"}
- {"issue_text":"Whether a company can represent itself in court proceedings","issue_type":"procedural","dispositive":"no","related_facts":"Applicant is a company, represented by director"}
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background
Facts of the Case
Background
The respondent obtained a provisional order on 14 January 2010 barring parties from mining at Victory 92 mine and requiring them to vacate. More than seven years later, no final order had been sought, with the respondent having reoccupied the mine despite the provisional order.
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