Khan And 2 Others v Kassim And 4 Others (22 of 2021) [2021] ZWMSVHC 22 (23 April 2021)

Khan And 2 Others v Kassim And 4 Others (22 of 2021) [2021] ZWMSVHC 22 (23 April 2021)

The applicants failed to demonstrate urgency as they did not act when the need to act arose and delayed filing the application without sufficient justification. The matter does not qualify to be heard on an urgent basis.

Source-derived case information.

Citation
[2021] ZWMSVHC 22
Parties
Applicant: Safaraz Ahmed Khan; Applicant: Abdur Razzak Khan; Applicant: Muneer Ahmed Khan; Respondent: Ragin Kassim; Respondent: Chipo Machona; Respondent: Bradfix Incorporated (Pvt) Ltd; Respondent: Registrar of Companies N. O; Respondent: Minister of Mines and Mining Development N. O
Court
Masvingo High Court
Jurisdiction
Zimbabwe
Judgment Date
23 April 2021
Case Number
22 of 2021
Procedural Posture
Urgent Chamber Application / Ruling on Urgency and Preliminary Objections
Outcome
application removed from the roll of urgent matters
Legal Topics
Urgency of Application, Interim Relief, Shareholder Disputes, Mining Claims
Source Language
english
Civil Procedure Company Law Mining Law Urgency of Application Interim Relief Shareholder Disputes Mining Claims

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Parties

Safaraz Ahmed Khan

Applicant

Abdur Razzak Khan

Applicant

Muneer Ahmed Khan

Applicant

Ragin Kassim

Respondent

Chipo Machona

Respondent

Bradfix Incorporated (Pvt) Ltd

Respondent

Registrar of Companies N. O

Respondent

Minister of Mines and Mining Development N. O

Respondent

Procedural Posture

Urgent Chamber Application / Ruling on Urgency and Preliminary Objections

Legal Issues

  1. 1 Whether the application is urgent and qualifies to be heard on an urgent basis
  2. 2 Whether the applicants are entitled to interim relief suspending mining operations

Ratio Decidendi

The applicants failed to demonstrate urgency as they did not act when the need to act arose and delayed filing the application without sufficient justification. The matter does not qualify to be heard on an urgent basis.

Court Disposition

application removed from the roll of urgent matters

Orders

  • The matter is not urgent and is removed from the roll of urgent matters.