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Zimasco sues miner over alleged chrome theft
2 hrs ago |
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Zimasco has taken miner Fidelis Mudzengi to court, seeking US$269 474 in compensation for allegedly extracting chrome ore from its mining claim without authorisation.
The matter was heard before High Court of Zimbabwe judge Justice Evangelista Kabasa, who ruled that the case should proceed to a full civil trial after dismissing preliminary objections raised by the defendant.
According to court papers, Zimasco issued summons on December 13, 2021, claiming the amount represents the value of chrome ore concentrate it would have realised from 27 349 tonnes of raw chrome allegedly mined by Mudzengi.
The company says it holds a mining claim known as Rhodesdale 3, located in Lalapanzi, and alleges that between May and June 2021, Mudzengi unlawfully extracted chrome fines from its mining block.
Zimasco argues that the 27 349 tonnes of raw chrome would have produced approximately 2 735 tonnes of chrome concentrate, with an export value of US$269 474.
In his defence, Mudzengi contends that he operates a separate mining claim, Reef 2, which shares a boundary with Zimasco's property. He maintains that he extracted material from a chrome dump after engaging a Zimasco representative who pointed out the boundaries, and that he worked outside the plaintiff's claim.
He further argued that the dispute relates to damages and should fall under the jurisdiction of the Administrative Court rather than the High Court.
Zimasco, however, insists that the chrome was taken from its dump, which spans both its mining area and an adjacent independent site. The company argues that although boundaries were indicated to Mudzengi, he moved to a different section of the same dump.
In her ruling, Justice Kabasa emphasised that the High Court has broad jurisdiction to hear matters unless expressly limited by law. She noted that while certain disputes may fall under specialised courts, this case did not warrant removal from the High Court's jurisdiction.
She dismissed the preliminary objection with costs and directed that the matter be set down for trial.
The case now moves to a full hearing, where the court will determine the legality of the mining activities and whether compensation is due.
The matter was heard before High Court of Zimbabwe judge Justice Evangelista Kabasa, who ruled that the case should proceed to a full civil trial after dismissing preliminary objections raised by the defendant.
According to court papers, Zimasco issued summons on December 13, 2021, claiming the amount represents the value of chrome ore concentrate it would have realised from 27 349 tonnes of raw chrome allegedly mined by Mudzengi.
The company says it holds a mining claim known as Rhodesdale 3, located in Lalapanzi, and alleges that between May and June 2021, Mudzengi unlawfully extracted chrome fines from its mining block.
Zimasco argues that the 27 349 tonnes of raw chrome would have produced approximately 2 735 tonnes of chrome concentrate, with an export value of US$269 474.
He further argued that the dispute relates to damages and should fall under the jurisdiction of the Administrative Court rather than the High Court.
Zimasco, however, insists that the chrome was taken from its dump, which spans both its mining area and an adjacent independent site. The company argues that although boundaries were indicated to Mudzengi, he moved to a different section of the same dump.
In her ruling, Justice Kabasa emphasised that the High Court has broad jurisdiction to hear matters unless expressly limited by law. She noted that while certain disputes may fall under specialised courts, this case did not warrant removal from the High Court's jurisdiction.
She dismissed the preliminary objection with costs and directed that the matter be set down for trial.
The case now moves to a full hearing, where the court will determine the legality of the mining activities and whether compensation is due.
Source - newsday
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