The applicant seeks an order setting aside an award rendered by the second respondent. The arbitral award was rendered following a dispute arising from the implementation of an agreement for the sale of shares between applicant and first respondent. Second respondent was the appointed arbitrator. Applicant and the first respondent are both mining entities of high repute. The application was made in terms of Article 34 (2)(ii) of the Model Law to the Arbitration Act. The arbitral award is impugned on the basis that it offends the public policy of Zimbabwe. More
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
This application is brought in terms of Rule 39 (4) (a) of the High Court Rules, 2021, and seeks the lifting of bar operating against it. The salient facts are that, on 3 October 1996, the applicant and the 2nd respondent entered into a notarial and prospecting contract and option agreement. In terms of the agreement, the applicant transferred its mining claims to the 2nd respondent. 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
