This is application made in terms of s 213 of the Companies Act [Chapter 24:03]for leave to institute proceedings against the respondent, a company in liquidation. Should leave be granted, the applicant intends to file an application in terms of r 449 of the High Court Rules 1971, for correction of a default judgment entered against it in in favour of the respondent on 12 March 2014. A draft of the application to be filed once the anticipated leave was submitted with applicant’s papers.The application, should leave be granted, will be a second bite since an earlier attempt in the... More
This is an urgent chamber application for an order interdicting the first respondent from carrying out any exploration and or mining operations including excavating, extracting and carting away coal or any other mineral from the Reserved area 1035 (RA1035) measuring 56 203 hectares and the area covered by Special Grant 849 in the Bulawayo mining district. On the return date the applicants seek an order declaring that the first respondent has no right to prospect and peg in the area referred to above and for first respondent and all persons
claiming occupation through it to be ordered to vacate the... More
The present application seeks to review the first respondent’s decision in declaring the area described in the schedule to Statutory Instrument 145/2018 as a Cantonment Area, acting in terms of section 89 of the Defence Act [Chapter 11:02] (“the Defence Act”). It is applicant’s case that it is the holder of two hundred and sixty mining claims in the Darwendale area of Mashonaland West mining district. Relevant to this matter are claims known as Wendale 42 and Wendale 43 Block which are registered under certificates number 18006BM and 18007BM respectively. The said mines are situated partly on Darwendale South Eclipse... More
The first respondent instituted proceedings in the magistrates court against the applicants for their eviction. The eviction order was granted after the court had heard the parties. The applicants noted an appeal challenging the magistrate’s decision on the merits as well as on the basis that the first respondent had no locus standi in the matter. The first respondent applied for leave to execute the eviction order pending appeal. The application was granted. More
The applicant approached the court through the urgent chamber book seeking stay of execution of an eviction order issued by the magistrate court. In specific terms the applicant sought:
TERMS OF THE FINAL ORDER
That you show cause why an order in the following terms should not be granted;
1. The eviction of the applicants be and is hereby stayed pending finalisation of the application for review filed with this Honourable court under case No. HC 7542/17 More
