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Minerals and energy

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Tukongote Mining Limited v The Attorney General & Another (HP 1954 of 2014) [2021] ZMHC 11 (30 July 2021) Payment of fees after licence expiry does not entitle the applicant to reinstatement where the area is already licensed. Mines and Minerals Act — expiry versus renewal of mining rights — application versus renewal; annual/area charges; allocation of vacated areas; public officer not per se disqualified from holding mining rights; burden of proof on applicant.		Judgment	30 July 2021
RAE Zambia Limited v The Attorney General & Another (Appeal 112 of 2018) [2018] ZMCA 403 (28 November 2018) A party likely to be affected by reissued exploration rights ought to be joined under Order 14/5(1) HCR. Procedure — Joinder of parties — Order 14/5(1) HCR and Order 15/4(1) RSC — person entitled to or claiming interest in the subject matter or likely to be affected — ministerial cancellation and reissuance of petroleum exploration licence — discretion to join aimed at effective adjudication — distinction from Abel Mulenga.		Judgment	28 November 2018
Sahne Mining Zambia Limited (Appeal 83 of 2017) [2018] ZMCA 402 (12 June 2018) High Court retains jurisdiction to hear trespass and nuisance claims where respondents lack mining or non-mining rights. Mining Appeals Tribunal — scope of jurisdiction — Sections 96–98, 100 Mines and Minerals Development Act — original versus appellate jurisdiction — statutory interpretation — trespass and nuisance claims against persons without mining rights — mode of commencement and jurisdiction.		Judgment	12 June 2018
United Quarries Limited v Chongwe District Council (HP 1001 of 2007) [2018] ZMHC 322 (23 February 2018)		Judgment	23 February 2018
Katenge Resources Ltd v Avarmma Mining Company Ltd and Ors (CAZ 8 78 of 2017) [2017] ZMCA 144 (28 November 2017) Court allowed final extension to file record of appeal, finding delay not inordinate nor prejudicial. Civil procedure — appeal — extension of time to file record of appeal — Order 13 Rule 3(3) Court of Appeal Rules — inordinate delay a question of fact — prejudice to respondent — dismissal for want of prosecution.		Judgment	28 November 2017
China Copper Mines Limited v Tikumbe Mining Limited (Appeal 17 of 2017) [2017] ZMHC 505 (14 September 2017) A court cannot enter judgment on admission based on interlocutory findings; admissions must be clear and unconditional. Civil procedure — Judgment on admission — admissions must be clear, unequivocal and unconditional — Order 21 HCR and Order 27 RSC; Interlocutory injunction — limits of findings at interlocutory stage; affidavit evidence incomplete and not substitute for trial; discretion to enter judgment on admission; remittal for trial.		Judgment	14 September 2017
Storti Mining Ltd v Twampane Mining Co-operative Society Ltd (HK/ARB 1 of 2006) [2013] ZMHC 5 (21 March 2013) Court appointed a receiver over the mining licence by equitable execution, dispensing with the affidavit of fitness and denying a separate injunction. Equitable execution; appointment of receiver over mining licence; adequacy of property description; dispensing with affidavit of fitness under Order 30(1)(7) RSC; injunction ancillary to receivership; failure of fi.fa execution		Judgment	21 March 2013
People v Masauso and Another (HNR 252 of 1980) [1980] ZMHC 10 (7 April 1980) A first‑class magistrate may be deputed within the district without formal transfer unless the case is part‑heard. Criminal procedure — Transfer of cases — Deputation of a first‑class magistrate within same district — No formal transfer required if case not part‑heard; part‑heard or remission to lower class requires formal transfer Judicial discipline — Unlawful discharge of accused amounts to nullity and abuse of process		Judgment	7 April 1980