HH 325-18 TONNIE MUTUNJA versus MTEMWA HOLDINGS (PVT) LTD and Ors

TONNIE MUTUNJA

versus

MTEMWA HOLDINGS (PVT) LTD

and

POMELO MINING (PVT) LTD

and

MINISTER OF MINES N.O

 

 

 

HIGH COURT OF ZIMBABWE

MUZOFA J

HARARE, 16 May 2018 & 13 June 2018

 

 

Opposed Matter

 

 

C. Daitai, for the applicant

R. Nyapadi, for the 1st & 2nd respondents

No appearance for the 3rd respondent

 

 

            MUZOFA J: The applicant ‘Mutunja’ and the second respondent ‘Pomelo’ entered into a joint venture agreement known as Mtemwa 3 in terms of which the first respondent ‘the company’ was formed.

            The following is not in dispute. In terms of the agreement Mutunja’s obligation was to transfer 8 mining claims registered in his name to the company upon signing of the agreement.

            A further 3 mining claims were to be transferred by Mutunja into the company name within 3 months of signing upon real progress being made in the business venture.

            Pomelo’s obligation in terms of the contract was to deposit $600 000 into the company.

            In pursuit of the terms of the agreement Mutunja transferred 7 claims into the company. Pomelo did not deposit the $600 000. In due course Mutunja cancelled the agreement aggrieved by such cancellation, and other issues between the parties the company and Pomelo referred the dispute to arbitration.

            The arbitrator confirmed the cancellation of the agreement and ordered a reversal of all the claims transferred by Mutunja to the company inter alia. The company and Pomela were not pacified by the outcome, they approached this court on review.

            The court confirmed the cancellation of the agreement. However it set aside the order by the arbitrator reversing the transfer of the claims from the company to Mutunja. Mangota

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2018