QUARRYING ENTERPRISES (PVT) LTD v SOUTHERN GRANITE (PVT) LTD & ORS 2020 (1) ZLR 665 (H)

2020 (1) ZLR p665

Flynote

Administrative law – administrative acts and decisions – reasonableness of – approach court should take – factors to consider – acts must be justifiable and rational – right of affected person to be heard

Constitutional law – Constitution of Zimbabwe 2013 – right to administrative justice (s 68) – what is required for administrative decision to be fair

Evidence – hearsay – civil case – admissibility – what deponent must show

Interdict – final interdict – requirements for – when may be granted – cannot be granted to restrain act already committed

Mines and minerals – mining claim –forfeiture of – effect – requirements for revocation of forfeiture order in respect to a claim – rights of claimholder – right of priority pegger – does not apply to forfeited claim

Practice and procedure – application – factual disputes – procedure not designed to resolve disputes – court's approach where no material factual disputes which are real or not being disputed exist – court can determine on papers without prejudicing either party – approach where one party's version palpably untenable

Practice and procedure – application – urgent – matter struck off as not being urgent – if matter returns as ordinary application, applicant cannot seek interim interdict