eBusiness Weekly
Fidelis Munyoro
RIOZIM has won its long drawn out dispute against Falcon Resources over chrome mining claims in Darwendale after the Supreme Court upheld the gold mining giant’s appeal to be declared the holder of title at the disputed area.
The ruling comes after Rio Zim represented by Advocate Thabani Mpofu, approached the Supreme Court contesting the High Court decision refusing to confirm a provisional order granted to the gold mining giant interdicting Falcon Resources from carrying out mining activities or prospecting or extracting chrome ore from the claims.
The gold mining conglomerate is a holder of 260 mining claims in the Darwendale area of Mashonaland West province.
Some of its chrome ore mining claims, situated partly on Darwendale South Eclipse, New Burnside, and Darwendale B Farms, had been declared a cantonment area by the military, but given to Falcon Resources which has been mining chrome.
Falcon Resources (Pvt) Ltd has two directors, who are also the only shareholders, Mohammed Tariq Aziz, a Pakistan national and Aneeqa Zubair, a Dutch national.
On Tuesday Chief Justice Luke Malaba sitting with Justices Tendai Uchena and Judge President Chiweshe, acting judge of appeal, upheld the appeal.
The court ruled that the High Court misdirected itself by refusing to confirm the provisional order obtained by Riozim to block the illegal mining activities on its claims.
“The unanimous view of the court is that the judgment of the High Court (Zhou J) is clearly wrong,” said Chief Justice Malaba.
“Accordingly, the appeal succeeds and the judgment is set aside with costs and in its place substituted the following; The provisional order is confirmed.”
The Chief Justice, however, said the full reasons for judgment will be availed in due course.
Justice Zhou dismissed Rio Zim application for confirmation of the provisional order on the basis that there were material disputes of fact not capable of resolution on the papers.
He said the dispute required the involvement of the Minister of Mines and Mining Development to resolve as it pertained to title to a mining claim hence it would be untidy to refer the matter to trial on the bulky papers filed and in circumstances where an interested party had not been joined.
Advocate Lewis Uriri acted for Falcon Resources and its co-defendant Rusununguko/ Nkululeko (Pvt) Ltd, Aziz and Zubai.
