This application has been filed on a certificate of urgency. The brief facts of the matter are that the Applicant and sixth Respondent acquired shares in the seventh Respondent in 2012 in terms of a Shareholders Agreement. In terms of the Shareholders Agreement the Board of the seventh Respondent was to comprise of five (5) directors, one to be appointed by the Applicant and four by the sixth Respondent. However, an extra board member was appointed under unclear circumstances. This application has been filed in terms of Section 60. 62 and 65 of the Companies and Other Business Entities Act... More
On 17 July 2017 I dismissed an application for rescission of judgment brought by the applicant. I have been requested to give reasons and these are they;
The brief facts of this matter are that the respondent issued summons against the applicant under HC case number 9528/16 for damages allegedly suffered by the respondent, through the applicant’s wrongful and unlawful extraction of chrome ore on the respondent’s mining claims. The respondent is the registered holder of chrome mining claims called VAN 17 registration number 33280 BM and DIVIDE registration number 41089 BM situate in Darwendale. More
In this urgent court application for a declaratory order, the applicant seeks the following order:
“IT IS ORDERED AS FOLLOWS:
1. It be and is hereby declared that:
a. The applicant having sold its product FCA EX- works the “gross fair market value” for purposes of s 37(9) of the Finance Act [Chapter 23:04] is the face value of the invoice or price the mineral was sold at the place of such sale, namely in Zimbabwe.
b. The exclusion of the cost of freight by reason of the terms of sale was not a deduction made by the applicant, neither... More
This is an urgent chamber application for an interim interdict and a declarator made in terms of s 14 of the High Court Act. The provisional order sought is set out as follows:
“TERMS OF FINAL ORDER SOUGHT
1. The provisional order be and is hereby confirmed.
2. An order declaring that mining royalties owed in terms of the Mines and Minerals Act cannot be enforced by garnishee under s 58 of the Income Tax Act
[Chapter 23:06]. More
The applicant is a company registered in terms of the laws of South Africa. It is a peregrine. The applicant filed this urgent application for a provisional order whose terms were couched as follows –
“TERMS OF FINAL ORDER SOUGHT
1. The applicant be and is hereby declared the sole and rightful owner of a certain movable property being a Gold Recovery Plant presently situated at 2nd respondent’s mining location in Hwedza as well as the 8 tone crusher unit presently situated at Number 35 Paisley Road, Corner Stirling Road, Workington, Harare.
2. The respondents be and is hereby barred,... More
