Vibranium Resources (Pvt) Limited v Spencer Nyakudya

HH 20-21

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Case Details

Court

Harare High Court

Date

27 January 2021

Citation

HH 20-21

Neutral Citation

[2021] ZWHH 20

Outcome

unknown

Case Type

Urgent Application

Bench

Presiding

MUREMBA J

Full Bench

MUREMBA J

Areas of Law

Mining LawAdministrative LawCivil Procedure

Keywords

mining claimscancellation of certificateservice of noticeinterdicturgency

Key Issues

{"issue_text":"Whether the point in limine that the application should be dismissed for non-joinder of the Minister and non-compliance with s 50(3) of the Mines and Minerals Act should succeed","issue_type":"procedural","dispositive":"no","related_facts":"Non-joinder of Minister; notice not served as required"}
{"issue_text":"Whether the applicant's application is based on a correct cause of action","issue_type":"law","dispositive":"yes","related_facts":"Applicant stated certificate was cancelled when only notice of intention to cancel was issued"}
{"issue_text":"Whether the applicant is entitled to an interdict against the respondent","issue_type":"law","dispositive":"yes","related_facts":"Valid mining claims vs respondent's certificate; notice of intention to cancel"}

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background

Facts of the Case

Background

The applicant, a registered owner of mining claims, sought an urgent interdict to stop the respondent from conducting mining activities on its claim. The applicant's claim was based on a notice of intention to cancel the respondent's mining certificate, which the Ministry of Mines admitted was erroneously issued. However, the applicant's founding affidavit incorrectly stated that the respondent's certificate had already been cancelled or revoked, when in fact only a notice of intention to cancel had been issued.

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