The appeal revolved around mining claims at Wendale 43 Block situated in Domboshava registered under certificate no. 18007. The parties were all registered companies, having been registered in terms of the company laws of Zimbabwe. In February 2018 the first respondent wrote to the appellant, seeking from it a tribute arrangement in respect of the mining location in issue. The request was rejected. Despite the rejection, on 30 May 2018 the first respondent was observed exploiting minerals at the appellant’s mining location. When confronted, the first respondent indicated that it had partnered with the second respondent in a mining venture... More
This is an application in terms of r 43 (1) of the Supreme Court Rules, 2018 (the Rules) for the condonation of non-compliance with r 38 (1) of the Rules and for extension of time within which to appeal. The applicant seeks to appeal the judgment of the High Court handed down as judgment number HH 452/21. More
CHITAKUNYE AJA: This is an opposed court application for rescission of a judgment handed down by this Court on 4October 2019 under case number SC 116/18 as judgment number SC 76/19. The application is made in terms of r 73 of the Supreme Court Rules, 2018 as read with r 449 of the High Court Rules, 1971 More
This is an appeal against the decision of the High Court upholding the respondents’ special plea of prescription and consequently dismissing the appellant’s claim with costs. The appellant has noted her appeal against the entire judgment and prays, as per her amended prayer, that the judgment of the court a quo be set aside and substituted with an order dismissing the special plea with costs. More
This is an application purportedly made in terms of r 73 of the Supreme Court Rules, 2018 as read with r 449 (1) (b) of the High Court Rules, 1971 for the correction of a judgment issued by a judge of this Court in chambers on 20 January 2020 in case number SC 562/19. More
