SATOND INVESTMENTS (PRIVATE) LIMITED

versus

MUNASHE SHAVA

HIGH COURT OF ZIMBABWE

MUZOFA J

HARARE, 18 May 2018 & 20 June 2018

Opposed Matter

A. Mangwiro, for the applicant

G. Madzoka, for the respondent

            MUZOFA J: This is an application for a final interdict in which the relief sought is the following:

“1.       The respondent, his employees, invitees, friends and/or relatives be and hereby permanently interdicted from carrying out any farming activities at Ascot 168 Mine situated on Subdivision 19, Knockmallch Farm, Norton.  

2.         The respondent shall pay costs of this application on a legal practitioner and client scale.

The following facts are common cause in this matter:

‘1.        On the 2^nd of June 2014 the applicant made an application for a prospecting licence which was issued on the 12^th of June 2014.

2.         The district administrator was duly notified.

3.         The applicant was subsequently issued with a certificate of Registration as a registered holder of a block of reef claims called Ascort 168 situate on Knockmalloch Farm on the 4^th of January 2016.

4.         On the 4^th of December 2014 the Minister of Lands and Rural Resettlement offered subdivision 19 Knockmalloch to the respondent.

5.         The land offered to the respondent included 1.8 hectares inside

Ascort 168 mine where the applicant’s mining block is situate.

According to the applicant’s founding affidavit, both parties have rights over the land.

The applicant has mining rights and respondent has farming rights. His mining rights are superior to the respondent’s rights.