KCM gets green light against Moxico, others

THE Court of Appeal has allowed Konkola Copper Mines (KCM) to proceed with an action for trespass on its Nchanga Mine area against Moxico Resources, Rephdim Mining, and Mimbula Minerals Limited.

Court of Appeal Judges Dominic Sichinga, Judy Mulongoti and Petronella Ngulube agreed with KCM’s grounds of appeal after the High Court dismissed the matter for abuse of process.

The court has found merit in KCM’s arguments on the tort of trespass and has ordered that the matter be taken back to the High Court to be heard by a different judge.

It has also awarded costs to KCM to be taxed in default of agreement.

The appeal was against a High Court ruling dated April 23, 2018, which dismissed the trespass action for being statute barred and an abuse of court process.This was after KCM sued Moxico, Rephdim Mining, and Mimbula Minerals Limited on January 17, 2018, seeking a declaration that the defendants have no right to enter Lot 694/M and the remaining extent of Lot 564/M or the land in Nchanga Mine area without its consent, among other grounds.

KCM alleged that in the ZCCM-IH sale agreement of December 15, 1999, it acquired all mining rights over Nchanga Copper Mine from ZCCM as part of the privatisation of the mines, together with a large scale mining license 7075-HQLML, covering approximately 11,470 hectares with a validity of 25 years from its first issue on March 30, 2000.

The appellant said it had valid certificates of title to the area otherwise known as Lot 694/M and the remaining extent of Lot 564/M or the land in the Nchanga Mine area.

KCM however said the respondents’ actions constituted trespass on its land and further that it did not grant them consent to start mining activities

But on November 17, 2017, the respondents filed a defence and counter-claim, denying that KCM acquired all mining rights over ZCCM.