MHURI J: This is an application for a declaratur and interdict in which the applicant seeks the following, that:
1. the agreement of sale between 1st and 2nd respondent in respect of Stand No. 6688 Rusununguko, Chinhoyi entered into on the 30th June 2020 be declared null and void.
2. the oral agreement of sale in respect of Stand No. 6688, Rusununguko, Chinhoyi between the applicant and 1st respondent be declared valid and binding.
3. first respondent be ordered to sign all the necessary papers and documents for the purposes of effecting cession of Stand No. 6688, Rusununguko, Chinhoyi from... More
In this matter, the applicant is desirous of an order for the eviction of the respondent from its mining claims. In addition, applicant seeks to interdict the respondent from continuing to mine its claims more fully described as Rushingo Dolomite 2, 3, 3A, 4, 5, 6 and 7. Prior to said claims being purchased by the applicant, the claims were mined by the respondent through a tribute agreement which respondent had entered into with Agricultural& Rural Development Authority (ARDA). The tribute agreement expired on the 7th September 1989. ARDA sold the claims to the applicant in 2009 thus giving the... More
The applicant and the first respondent as cited in the heading are duly incorporated companies in terms of the laws of Zimbabwe. The two companies are at logger heads over mining titles and rights to mining claims described as:
a) Rushinga Dolomite 2 Reg No. 37309 BM
b) Rushinga Dolomite 3 Reg No. 37312 BM
c) Rushinga Dolomite 3A Reg No. 37313 BM
d) Rushinga Dolomite 4 Reg No. 37311 BM
e) Rushinga Dolomite 5 Reg No. 37310 BM
f) Rushinga Dolomite 6 Reg No. 37308 BM
g) Rushinga Dolomite 7 Reg No. 37307 BM
The applicant prays for an... More
On 14 December 2016 the plaintiff issued summons against the defendant, a peregrine, in terms of which it sought to recover the sum of $30 963.95 being the value of a consignment that was consumed by the defendant. It also claimed interest at the prescribed rate and costs of suit. More
Defendant brought an urgent chamber application seeking a provisional order under which the following interim relief is sought.
“1. That the respondent be and is hereby prohibited from suspending the applicant’s
agent’s bond pending the return date of this order.
2. That the respondent be and is hereby prohibited from suspending the applicant’s bond
unless and until the respondent has complied with the provisions under section 3 (2)
as read with section 216A of the Customs and Excise Act [Chapter 23:02].
3. That the respondent be and is hereby prohibited from suspending the applicant’s
Agent’s bond until such time the... More
