Davies Shamatanga v Fandu Resources Investments Limited (HP 317 of 2020) [2020] ZMHC 20 (22 August 2020)

Case summary

The Plaintiff applied for an order of interim injunction pending the determination of the matter. The order sought is to prevent the Defendant from entering and digging trenches on the Plaintiff’s property.

The Plaintiff deposed that in 2011, he started to acquire land which totalled 141.2 hectares, the purpose of which was to breed cows, goats and sheep. 

The Plaintiff put forth that, without his knowledge or consent, the Defendant trespassed on his property and started digging deep trenches, causing damage to his land. He argued that, under the Mines and Minerals Development Act 11 of 2015 (Act), no person or company may enter any land without the owner or legal occupier’s written consent.

The Defendant argued that it was the holder of a large-scale mining licence and exploration license. It argued that the traditional authorities had given consent to the Defendant both for exploration and surface rights. It further argued that the Plaintiff’s land was wholly within the mining license area. 

The court held that, when considering an application for injunctive relief, it must consider whether the Plaintiff has raised a serious question to be determined at trial and that he has a good and arguable claim to the right he seeks to protect. The court granted the order of injunction but stated that it has not yet determined the final rights of the parties.

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1. Mines and Minerals Development Act, 2015 14 citations

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