Miner takes Gushungo Holdings to court
A MAZOWE miner, Ngoni Edward Mutopo, has applied for an urgent interdict at the High Court against Gushungo Holdings (Pvt) Limited which he is accusing of chasing him away from his two blocks of mines.
Gushungo Holdings is owned by the Mugabe family.
Mutopo claims that his ore on the mining site was being stolen by illegal panners who were conniving with Gushungo Holdings employees.
He is seeking a court order compelling Gushungo Holdings or anyone acting through the company’s instructions or command to be interdicted from interfering with his mining operations.
“The applicant’s blocks of mines being Iron Mask 68, registration number 29097 consisting of 10 Gold Reef and Iron Mask 69, registration number 29098 consisting of 10 Gold Reef in Iron Mask Estate in Mazowe,” read the draft order.
Mutopo claims that he was unlawfully evicted from his two blocks of mines and was being denied the right to access them by Gushungo Holdings.
“Applicant has been lawfully mining and is being denied the right by the respondent, who is acting unlawfully and without a court order authorising him to act in that manner,” read the application.
“His ore on the mining site is being stolen by illegal panners who are working in cahoots with the respondent’s employees. The applicant is being prejudiced by Gushungo Holdings’ unlawful actions, hence he is seeking urgent relief.”
LED TRAVEL and Tours has approached the High Court seeking to have case number HC7176/19 reinstated and a default judgment obtained by the Zimbabwe Football Association against the firm rescinded.
Led Travel and Tours (Pvt) Ltd is accusing ZIFA of misrepresenting to the High Court in relation to its claim of US$39 000 borrowed to finance the national team’s trips to South Africa and Mauritius.
The firm said besides the debt, ZIFA president Mr Felton Kamambo privately negotiated for new air tickets valued at US$18 000 and gave up his Bulawayo property as surety.
The application reads: “The application relates to a default judgment granted by the High Court on September 25 this year under case number HC7176/19.
“The fact of the matter is that on July 24 this year, Led Travel and Tours extended a loan of US$39 670 to enable ZIFA to buy air tickets. ZIFA acknowledged the debt and undertook to pay by August 6 this year. Despite due and proper demand from Led’s lawyer, ZIFA failed, neglected and refused to repay the loan.”
The papers read that on the initial hearing of the matter on September 11 before Justice Dube, the matter was removed from the roll.
This was after ZIFA lawyers indicated that copies served to them did not have attachments.
“Copies of the attachments were served to them the following day,” read the papers. “Consequently, ZIFA wrote to the plaintiff advising them that they had paid US$19 000, US$10 000 was to be paid on September 30 this year and the balance by October 31.”
Resultantly, parties were locked in negotiations to conclude the matter without going back to court, they said. Led Travel and Tours was furnished with proof of payment of US$18 550 and US$21 149 towards servicing the US$39 697 debt.
“This left out the issue of costs of suit incurred by the applicant,” said the firm.
“Unbeknown to the applicant, ZIFA attended court on September 25 before Justice Mangota in the absence of Led Travel and Tours lawyers and the matter was dismissed.
“While the main matter was pending, Mr Kamambo privately engaged with Led representatives for a new and separate ticket arrangement of US$18 550.”