HH 450-18 LESCAUT INVESTMENTS (PVT) LTD & Anor v DANANGWE DISTRICT YOUTH IN MINING COOPERATIVE SOCIETY & Anor

LESCAUT INVESTMENTS (PVT) LTD

and

BRECKRIDGE INVESTMENTS (PVT) LTD

versus

DANANGWE DISTRICT YOUTH IN MINING COOPERATIVE SOCIETY

and

MINISTER OF MINES AND MINING DEVELOPMENT

 

 

HIGH COURT OF ZIMBABWE

MATHONSI J

HARARE, 10 July 2018 & 25 July 2018

 

 

Opposed application

 

 

Z Lunga, for the applicants

FM Katsande, for the 1st  respondent

 

            MATHONSI J: The two applicants are sister companies. In fact the second applicant is a management vehicle of the first applicant and they are represented by Michael Fowler who doubles up as a director of both of them. He has deposed to the founding affidavit in support of this summary judgment application on behalf of both of them. They seek an order for the eviction of the first respondent, a mining cooperative currently in occupation of and mining gold claims registration numbers 12731G, 12734G and 21715 BN situated in Chegutu, from those mining claims. The application is opposed by the first respondent which has not been lacking at all in raising perceived defences including 2 points in limine taken by Mr Katsande who appeared on the first respondent’s behalf.

            In HC 3405/18 the applicants instituted summons action against the first respondent for eviction from the mining claims on the basis that the first respondent was in unlawful occupation of the mining location which is registered in the applicants’ names and therefore belongs to the applicants. The first respondent entered appearance to defend prompting the 

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2018