N.R BARBER (PRIVATE) LIMITED

versus

ZAMBEZI GAS ZIMBABWE (PRIVATE) LIMITED

HIGH COURT OF ZIMBABWE

MUZENDA J

HARARE, 13, 14 18 and 25 June 2018

Civil Trial

L. Matapura, for the plaintiff

E. Matinenga, for the defendant

            MUZENDA J: The plaintiff, N.R Barber (Private) Limited (hereinafter referred to as “plaintiff”) is a company duly registered in terms of the laws of Zimbabwe, whose registered office is 114 Seke Road, Graniteside, Harare. The plaintiff specialises in mining operations, underground, open cast, mining plans, transport logistics for ferrying the ore from one place to the supplier and related business. The first letters of the plaintiff stand for Nolan Robert whose surname is Barber. Incidentally he is the Managing Director and alter ego of the plaintiff.

            The defendant, Zambezi Gas Zimbabwe (Private) Limited (hereinafter referred to as the “defendant”) is equally a duly registered company in terms of the law of Zimbabwe whose offices are situated at Number 28 Transtobac Complex, Hillside Road Extension, Msasa, Harare. Mr Francis Chirimuuta the managing partner of Chirimuuta and Associates is the Board Chairman of the defendant, Mr E. Raradza is the Managing Director, Mr Thomas Nherera is the Executive Director, for Finance and Administration, Mr M. Raradza is the Executive Director for Operations and Marketing, Mrs R.M Kajese being the fifth Director.

            The defendant is a proprietor and hence holder of a coal mine situated in Hwange under a special Grant Number 4084 in respect of coal reserves which comprise of approximately 20,000 000 (twenty million) tonnes mineable and extractable in situ tons of coal.

            The defendant then formed a Special Purpose Vehicle under the name of Entuba Coal Fields of Zimbabwe (Private) Limited whose registered office address is given as 28 Hillside Road Extension Transtobac Complex, Msasa, Harare whose directors are Dr C. Msipa, Mr