MINISTER MINES & MINING DEVELOPMENT & ORS v AFRICAN CONSOL RESOURCES PLC & ORS 2010 (2) ZLR 307 (H)
Citation | 2010 (2) ZLR 307 (H) |
Case No | Judgment No. HH-205-10 |
Court | High Court, Harare |
Judge | Hungwe J |
Heard | 25 August 2010 |
Judgment | 6 September 2010 |
Counsel | J Samukange, for the applicants |
Case Type | Application for rescission of judgment |
Annotations | Link to case annotations |
Flynote
Court - contempt - refusal by court to hear a party guilty of contempt - when appropriate - only justified for grave considerations of public policy - party guilty of contempt not a fugitive from justice -party not precluded from presenting its case
Mines and minerals - mining claim - registered- title to claim - may not be disputed after having been held for two years - interruption of running of period - Mines and Minerals Act [Chapter 31:05] — s 58 — section assumes that person seeking protection thereunder has valid title to claim - company possessing title to mining claims not being duly registered at time it acquired such rights - effect - exclusive prospecting order - reservation against pegging of claims - effect
Mines and minerals - prospecting and mining rights - dominium vesting in President - rights held in trust for the public -public having vested interest in identity of persons registered to mine for minerals - need for transparency in mining affairs
Practice and procedure-judgment - rescission-grounds - original judgment tainted by fraud -failure of party to make full disclosure in regard to mining claims -position at common law - broad discretion of court to rescind its own judgment even if it be a final judgment - fraudulent concealment of information from court - court entitled to rescind its own judgment
Practice and procedure -judgment - rescission - application -when may be made - case on appeal to Supreme Court - nothing to preclude a party from seeking rescission - motion proceedings when such proceedings may be utilized
Practice and procedure -parties - locus standi -party in contempt - whether can be heard - distinction from fugitive from justice
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