Case Law
African Consolidated Resources Plc and Others Minister of Mines and Mining Development and Others (HC 6411/07) [2010] ZWHHC 86 (6 September 2010) Download original filesPDF format RTF format | | Bookmark/share this page |
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HH 205-2010
HC 6411/07
IN THE HIGH COURT OF ZIMBABWE
HELD AT HARARE
In the matter between:-
AFRICAN CONSOLIDATED RESOURCES Plc and DASHALOO INVESTMENTS (PVT) LTD and POSSESSION INVESTMENTS (PVT) LTD and HEAVY STUFF INVESTMENTS (PVT) LTD and OLEBILE INVESTMENTS (PVT) LTD versus THE MINISTER OF MINES AND MINING DEVELOPMENT and ZIMBABWE MINING DEVELOPMENT CORPORATION and THE COMMISSIONER OF POLICE
Opposed Application
HIGH COURT OF ZIMBABWE
HUNGWE J
HARARE, 25 August & 6 September 201U
Mr. J Samukange, For the applicants
Mr F Mutamangiru For the first respondent
Mr./ Muchada For the second respondent
Mr JR Tsivama For the third respondent
HUNGWE J: This is an application for the rescission of a judgment of my own that I gave on 24 September 2009 in favour of the applicant's regarding the legality of the registration of various mining claims in the names of the applicants. It is important that I set out the order which I gave then and what thereafter occurred leading to the present proceedings.
On 24 September 2009, I gave the following order:
"1. African Consolidated Resources pic claims issued to the third, fourth, fifth and sixth applicants within the area previously covered by Exclusive prospecting order 1523 held by Kiniberlitic Searches (Pvt) Ltd are valid and have remained valid since the date they were originally pegged.
2. The right granted to the third respondent by virtue of the special grant shall not apply in respect of the African Consolidated Resources pic claims area as indicated on annexure 'B' to the papers. In that regard it is hereby ordered that third respondent cease all its prospecting and mining activities in the said area.
IT IS FURTHER
[Context] [Hide Context]
HH 205-2010
HC 6411/07
IN THE HIGH COURT OF ZIMBABWE
HELD AT HARARE
In the matter between:-
AFRICAN CONSOLIDATED RESOURCES Plc and DASHALOO INVESTMENTS (PVT) LTD and POSSESSION INVESTMENTS (PVT) LTD and HEAVY STUFF INVESTMENTS (PVT) LTD and OLEBILE INVESTMENTS (PVT) LTD versus THE MINISTER OF MINES AND MINING DEVELOPMENT and ZIMBABWE MINING DEVELOPMENT CORPORATION and THE COMMISSIONER OF POLICE
Opposed Application
HIGH COURT OF ZIMBABWE
HUNGWE J
HARARE, 25 August & 6 September 201U
Mr. J Samukange, For the applicants
Mr F Mutamangiru For the first respondent
Mr./ Muchada For the second respondent
Mr JR Tsivama For the third respondent
HUNGWE J: This is an application for the rescission of a judgment of my own that I gave on 24 September 2009 in favour of the applicant's regarding the legality of the registration of various mining claims in the names of the applicants. It is important that I set out the order which I gave then and what thereafter occurred leading to the present proceedings.
On 24 September 2009, I gave the following order:
"1. African Consolidated Resources pic claims issued to the third, fourth, fifth and sixth applicants within the area previously covered by Exclusive prospecting order 1523 held by Kiniberlitic Searches (Pvt) Ltd are valid and have remained valid since the date they were originally pegged.
2. The right granted to the third respondent by virtue of the special grant shall not apply in respect of the African Consolidated Resources pic claims area as indicated on annexure 'B' to the papers. In that regard it is hereby ordered that third respondent cease all its prospecting and mining activities in the said area.
IT IS FURTHER