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Harare High Court
ZIMBABWE NICKEL EXPLORATION COMPANY (PRIVATE) LIMITED v RAIZ-EL NICKEL PROCESSING COMPANY (PRIVATE) LIMITED and THE PROVINCIAL MINING DIRECTOR MIDLANDS PROVINCE and OFFICER COMMANDING ZIMBABWE REPUBLIC POLICE MIDLANDS PROVINCE
HH 22-22
Case Details
Court
Harare High Court
Date
13 January 2022
Citation
HH 22-22
Neutral Citation
[2021] ZWHH 22
Outcome
unknown
Case Type
Urgent Application
Bench
Presiding
DEME J
Full Bench
DEME J
Areas of Law
Mining LawContract LawCivil Procedure
Keywords
InterdictMining ActivitiesSlagTribute AgreementAgreement of SaleUrgencyPrima Facie Case
Tags
Urgent Chamber ApplicationInterdictMining RightsContract Law
legislation
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ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the applicant has established a prima facie case for an interim interdict","issue_type":"mixed","dispositive":"yes","related_facts":"All facts regarding alleged breaches and disputes between parties"}
- {"issue_text":"Whether the matter is urgent","issue_type":"procedural","dispositive":"no","related_facts":"Dates of discovery and filing"}
- {"issue_text":"Whether the applicant will suffer irreparable harm","issue_type":"mixed","dispositive":"yes","related_facts":"Disputed mining activities and financial loss"}
- {"issue_text":"Whether the balance of convenience favors the applicant","issue_type":"mixed","dispositive":"yes","related_facts":"All factual disputes"}
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background
Facts of the Case
Background
The applicant sought an urgent interdict to stop the first respondent from mining and removing slag from Welcomeback 18 Mine, alleging breach of agreement. The first respondent disputed the breach, claiming the applicant had also breached the agreement and that the two agreements (sale and tribute) were independent. The court found the applicant failed to establish a prima facie case due to serious disputes of fact.
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