HH 405-18 GOMBE RESOURCES (PRIVATE) LIMITED versus THE PROVINCIAL MINING DIRECTOR, MASHONALAND CENTRAL and Ors

GOMBE RESOURCES (PRIVATE) LIMITED

versus

THE PROVINCIAL MINING DIRECTOR,

MASHONALAND CENTRAL

and

DAKOTA MINING (PRIVATE) LIMITED in liquidation

and

GLENEGG INVESTMENTS (PRIVATE) LIMITED

and

AXIS CAPITAL CORPORATION

 

 

HIGH COURT OF ZIMBABWE

MUREMBA J

HARARE, 25 January 2018 & 11 July 2018

 

 

Opposed application

 

R.G. Zhuwarara, for the applicant

F Chingwere, for the 1st respondent

L Uriri, for the 4th respondent

 

            MUREMBA J: This is an application for review being made in terms of Order 33 r 256 of the High Court Rules, 1971 against the decision of the first respondent on the grounds that:

(i)                 The decision he made was ultra vires the provisions of the Mines and Minerals Act [Chapter 21:05].

(ii)               He did not have jurisdiction to hear the matter given that the same was already before this court, and

(iii)             The ruling was grossly unreasonable.

The applicant is a mining company with limited liability. The first respondent is the Provincial Mining Director of Mashonaland Central and is the authority that made the determination preventing all parties from carrying out mining activities on the mining claims known as New Nelson on Ruorka Ranch, Mvurwi (the mining claims). The second respondent is Dakota Mining (Private) Limited, a company under liquidation represented by its liquidator 

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2018