Tasip Mining Syndicate and Simbarashe Mangwende and Tawanda Mangwende v William Savanhu and Minister of Mines and Mining Development N.O. and Minister of Lands N.O.

HH 157-22

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Case Details

Court

Harare High Court

Date

23 November 2021

Citation

HH 157-22

Neutral Citation

[2022] ZWHH 157

Outcome

unknown

Case Type

Urgent Application

Bench

Presiding

Muremba J

Full Bench

Muremba J

Areas of Law

Mining LawProperty LawSpoliation

Keywords

spoliationmining claimspeaceful possessionurgent reliefmandament van spolie

Key Issues

{"issue_text":"Whether applicants were in peaceful and undisturbed possession of the mining equipment and land when spoliation occurred","issue_type":"mixed","dispositive":"yes","related_facts":"Applicants' occupation since 2012, first respondent's prior occupation since 2005, ongoing disputes since 2018"}
{"issue_text":"Whether the requirements for mandament van spolie are met","issue_type":"law","dispositive":"yes","related_facts":"Erection of steel barriers on 4 November 2021, alleged dispossession without consent"}

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Facts of the Case

Background

The applicants, holders of mining claims at Penhill 39 and 40, alleged that on 4 November 2021 the first respondent despoiled them of peaceful possession of their mining equipment and 1.5 hectares of mining land by erecting steel barriers. The first respondent defended on basis that he was challenging legality of applicants' mining title and that applicants were never in peaceful possession as he was already occupying the land when they pegged their claims in 2012.

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