Avarmma Mining Company Limited v Attorney General and Others (HPA 61 of 2015) [2017] ZMHC 173 (12 June 2017)

IN THE HIGH COURT FOR ZAMBIA AT THE PRINCIPAL REGISTRY HOLDEN AT LUSAKA (Civil Jurisdiction) (cid:9) oeve (cid:9) COURT OF 2015/HPA/61 ZAMe4 BETWEEN: PRINCIPAL 12 JUN 2017 IN THE MATTER OF: t (cid:9) 07-1711: (cid:9) mber 6 Of 1984 AND IN THE MATTER OF: AND IN THE MATT'ER OF: AND IN THE MATTER OF: Section 150 (4) And 153 of The •Mines and Minerals Act No. 7 Of 2008 Large Scale Prospecting Licence Number 16199-HQ-LPL An Appeal Against the Decision of the Honourable Minister of Mines and Minerals Development AVARMMA MINING COMPANY LIMITED (cid:9) APPELLANT AND ATTORNEY GENERAL ZCCM-INVESTMENTS HOLDINGS PLC KATENGE RESOURCES LIMITED 1ST RESPONDENT 2" RESPONDENT 3 RESPONDENT Before Hon. Mr. Justice Mathew L. Zulu, the 12th day of June, 2017 For the Appellant: T. S. Ngulube of Nanguzyambo & Ass. For the Respondent: Mr. L. Kaluka, SC with Ms. Kampamba RULING R1 (cid:9) (cid:9) (cid:9) (cid:9) This is a Ruling in respect of an application by the Applicant for leave to commence Contempt Proceedings against the Hon. Minister of Mines, Hon. Christopher Yaluma, Mr. Kennedy Chibonga, Director of Cadestre Unit and Mr. Moya Lumamba, Director of Mines, for willfully defying a Judgment and Writ of Possession that was granted by this Court. It must be noted that on the 15th March, 2017, I delivered a Judgment herein in favour of the Applicant, Avarmma Mining Limited, in which I Ordered that the Mine in dispute be restored to the said Avarmma Mining Limited. However, it appears the said Order has not been complied with and the Mine has since not been returned to Avarmma Mining Limited as ordered. I have considered the affidavits herein and submissions hereof by both parties. I am satisfied that the Applicant has established a Prima Facie case to issue leave for contempt proceedings to enable me conduct further investigations into the matter of alleged disobedience. Accordingly, the application for leave is granted. Dated Dated the ) r day of L. ULU HIGH COURT JUDGE R2