Mabhundu and 2 Others v Godza (62 of 2021) [2021] ZWMSVHC 62 (28 October 2021)

Mabhundu and 2 Others v Godza (62 of 2021) [2021] ZWMSVHC 62 (28 October 2021)

Given the ongoing disputes and lack of clarity regarding boundaries and compliance with the default order, a practical and efficacious resolution requires an independent investigation and report by the Provincial Mining Director to assist the court in determining the matter.

Citation
[2021] ZWMSVHC 62
Parties
Applicant: Cephas Mabhundu; Applicant: Kirion Juru; Applicant: Tauya Matoro; Respondent: Edson Godza
Court
Masvingo High Court
Jurisdiction
Zimbabwe
Judgment Date
28 October 2021
Case Number
62 of 2021
Procedural Posture
Urgent Chamber Application / Interlocutory Application Pending Rescission
Outcome
Application granted in part
Legal Topics
Urgent Applications, Rescission of Judgment, Interdicts, Land and Mining Disputes
Source Language
English
Mining Law Civil Procedure Urgent Applications Rescission of Judgment Interdicts Land and Mining Disputes

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

Cephas Mabhundu

Applicant

Kirion Juru

Applicant

Tauya Matoro

Applicant

Edson Godza

Respondent

Procedural Posture

Urgent Chamber Application / Interlocutory Application Pending Rescission

Legal Issues

  1. 1 Whether the effects of the default order in HC 306/20 should be suspended pending the determination of the rescission application in HC 144/21
  2. 2 Whether the Provincial Mining Director should be directed to investigate and report on the mining dispute

Ratio Decidendi

Given the ongoing disputes and lack of clarity regarding boundaries and compliance with the default order, a practical and efficacious resolution requires an independent investigation and report by the Provincial Mining Director to assist the court in determining the matter.

Court Disposition

Application granted in part

Orders

  • The Provincial Mining Director, Midlands, is to investigate the circumstances surrounding the mining dispute as regards the parties’ respective boundaries and file a comprehensive report with the Registrar of the court on or before 19 November 2021.