Avarmma Mining Company Limited v Attorney General and Others (HPA 61 of 2015) [2017] ZMHC 173 (12 June 2017)
The applicant established a prima facie case for contempt, justifying the grant of leave to commence contempt proceedings for further investigation into alleged disobedience of the court order.
Source-derived case information.
- Citation
- [2017] ZMHC 173
- Parties
- Appellant: Avarmma Mining Company Limited; 1st Respondent: Attorney General; 2nd Respondent: ZCCM-Investments Holdings PLC; 3rd Respondent: Katenge Resources Limited
- Court
- High Court of Zambia
- Jurisdiction
- Zambia
- Case Number
- HPA 61 of 2015
- Procedural Posture
- Civil Appeal / Ruling on Application for Leave to Commence Contempt Proceedings
- Outcome
- application for leave to commence contempt proceedings granted
- Legal Topics
- Contempt of Court, Enforcement of Court Orders, Mining Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Avarmma Mining Company Limited
Appellant
Attorney General
1st Respondent
ZCCM-Investments Holdings PLC
2nd Respondent
Katenge Resources Limited
3rd Respondent
Procedural Posture
Civil Appeal / Ruling on Application for Leave to Commence Contempt Proceedings
Legal Issues
- 1 Whether leave should be granted to commence contempt proceedings for alleged disobedience of a court order restoring a mine to the applicant.
Ratio Decidendi
The applicant established a prima facie case for contempt, justifying the grant of leave to commence contempt proceedings for further investigation into alleged disobedience of the court order.
Court Disposition
application for leave to commence contempt proceedings granted
Orders
- Leave to commence contempt proceedings is granted.
Full Case Text
Judgment text and source record
1 paragraphs
IN THE HIGH COURT FOR ZAMBIA AT THE PRINCIPAL REGISTRY HOLDEN AT LUSAKA (Civil Jurisdiction) (cid:9) oeve (cid:9) COURT OF 2015/HPA/61 ZAMe4 BETWEEN: PRINCIPAL 12 JUN 2017 IN THE MATTER OF: t (cid:9) 07-1711: (cid:9) mber 6 Of 1984 AND IN THE MATTER OF: AND IN THE MATT'ER OF: AND IN THE MATTER OF: Section 150 (4) And 153 of The •Mines and Minerals Act No. 7 Of 2008 Large Scale Prospecting Licence Number 16199-HQ-LPL An Appeal Against the Decision of the Honourable Minister of Mines and Minerals Development AVARMMA MINING COMPANY LIMITED (cid:9) APPELLANT AND ATTORNEY GENERAL ZCCM-INVESTMENTS HOLDINGS PLC KATENGE RESOURCES LIMITED 1ST RESPONDENT 2" RESPONDENT 3 RESPONDENT Before Hon. Mr. Justice Mathew L. Zulu, the 12th day of June, 2017 For the Appellant: T. S. Ngulube of Nanguzyambo & Ass. For the Respondent: Mr. L. Kaluka, SC with Ms. Kampamba RULING R1 (cid:9) (cid:9) (cid:9) (cid:9) This is a Ruling in respect of an application by the Applicant for leave to commence Contempt Proceedings against the Hon. Minister of Mines, Hon. Christopher Yaluma, Mr. Kennedy Chibonga, Director of Cadestre Unit and Mr. Moya Lumamba, Director of Mines, for willfully defying a Judgment and Writ of Possession that was granted by this Court. It must be noted that on the 15th March, 2017, I delivered a Judgment herein in favour of the Applicant, Avarmma Mining Limited, in which I Ordered that the Mine in dispute be restored to the said Avarmma Mining Limited. However, it appears the said Order has not been complied with and the Mine has since not been returned to Avarmma Mining Limited as ordered. I have considered the affidavits herein and submissions hereof by both parties. I am satisfied that the Applicant has established a Prima Facie case to issue leave for contempt proceedings to enable me conduct further investigations into the matter of alleged disobedience. Accordingly, the application for leave is granted. Dated Dated the ) r day of L. ULU HIGH COURT JUDGE R2