HH 356-18 PHILLIP MAKANYA versus TAWANDA NYAMBIRAYI and Anor

PHILLIP MAKANYA

versus

TAWANDA NYAMBIRAYI

and

PROVINCIAL MINING DIRECTOR- MASHONALAND EAST PROVINCE

 

 

HIGH COURT OF ZIMBABWE

TAGU J

HARARE, 15 & 27 June 2018

 

Urgent Chamber Application

 

A Masango, for applicant

S Mubvuma, for 1st respondent

N Muzuva, for 2nd respondent

 

         TAGU J: Mr A Masango came to argue this simple urgent chamber application on behalf of the applicant. The papers had been prepared and filed in this court by a self –actor seeking an interdict against the respondents in the following terms-

            “TERMS OF THE FINAL ORDER SOUGHT

            That you show cause to this Honourable Court why a final order should not be made in     the following terms;

1.      The 1st Respondent be and is hereby ordered to vacate Applicant’s mining claims Gold Star Reg No. 43476 and Kambanje Reg No. 43475.

2.      The purported lease agreement between 1st and 2nd Respondent in respect Applicant’s two mining claims Gold Star Reg No. 43476 and Kambanje Reg No. 43475 is hereby declared null and void.

3.      3. Costs of suit.

            INTERIM RELIEF

            Pending the finalization of the matter it is ordered that:

1.      The 1st Respondent be and is hereby interdicted from interfering with Applicant’s Mining operations on Gold Star Reg No. 43476 and Kambanje Reg No. 43475.

2.      The 1st Respondent is hereby barred from carrying mining operations on Applicant’s mining claims Gold Star Reg No. 43 476 and Kambanje Reg No. 43475.”

 

            The first respondent opposed the application while the second respondent indicated that indeed the applicant is a valid holder of the mining claims and that the second applicant needed to go to the area to inspect whether or not the first respondent who also have claims nearby had 

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