Daniel Nemukuyu Senior Reporter
TWO Flags Trading (Private) Limited is the legitimate owner of the gold-rich Lennox Mine in Mashava and various contestations by the rival Tambanashe Enterprises were a mere waste of the court’s time, the High Court has ruled.
Attempts by Tambanashe Enterprises to have the High Court judgment overturned, hit a brick wall after the Supreme Court threw the appeal away for want of prosecution.
The Supreme Court order dated February 12, 2018 became the final nail on the coffin, putting to rest the mine ownership wrangle.
High Court judge Justice Priscilla Chigumba confirmed Two Flags as the rightful owner.
“The inescapable conclusion that this court comes to, is that, it has already pronounced that Two Flags is a legitimate holder of rights, title and interest in the mining claims which constitute Lennox Mine.
“The horse has already bolted. The stable door may only be closed by a court of superior jurisdiction to this one,” ruled Justice Chigumba.
According to the judgment, the multiple applications and counter-application filed over the past years, were a mere delaying tactic and unnecessary.
“There have been a multiple applications and counter applications, which were filed first in Harare, then Masvingo.
“There is no doubt that these matters reflect the acrimony between the parties.
“Yet some of the interlocutory applications which were brought on an urgent basis were superfluous, unnecessary, and unduly detained the court,” the High Court ruled.
Tambanashe was slapped with an order for costs on a punitive scale for taking the court for a ride.
“To discourage such acrimony, proliferation of litigation, undue waste of the court’s time, we find it appropriate to accede to the application that a punitive order for costs be granted,” the court ruled.
During the numerous court proceedings, it was established that Two Flags obtained title from a legitimate predecessor, called Reedbuck Investments Private Limited.
Reedbuck’s certificates were never cancelled and their claims were never forfeited, as earlier claimed by Tambanashe.
Larmona, a company claimed to have passed title to Tambanashe, according to the papers filed at court, was never issued with mining certificates in respect of the mining claims which constitute Lennox.
No agreement of sale or proof of payment from Lamorna to Tambanashe was attached to the court applications to buttress the company’s claims.
“It is common cause that Lamorna was merely given the thumbs up to operate Lennox mine.
“There is no evidence in these papers as to when or how Lamorna came to be in possession of mining certificates which purport to be in respect of Lennox mine,” reads part of the High Court judgment.