Online Reporter
Fidelis Munyoro
Chief Court Reporter
ZIMBABWE Base Metals Mining (Private) Limited has been ordered to transfer five mining claims to Venus Mining and Exploration Company (Private) Limited, following an application by Damo Resources (Private) Limited.
Justice Vivian Ndlovu granted the application for registration of an arbitral award, dismissing Base Metal Mining’s objections as lacking merit.
“The arbitral award is valid, binding, and enforceable,” ruled Justice Ndlovu. “The application is procedurally sound and substantively justified.”
The order directs Base Metal Mining to transfer the mining claims, namely Mistress 2, Felspar, Mistress 3, Mistress 4, and Mistress, to Venus Mining immediately.
If the Base Metal Mining fails to comply, the Sheriff of the High Court or a designated agent is authorised to enforce the transfer.
The dispute arose after Damo Resources sought recognition of an arbitral award issued on February 8, 2024, in its favour.
Base Metal Mining opposed the application, arguing that Damo Resources had failed to provide an authenticated original or certified copy of the award, as required by the Arbitration Act.
The mining company also claimed the award violated public policy, a position previously dismissed by the Supreme Court.
Justice Ndlovu rejected the procedural objections, ruling that the certified copy provided by the applicant was sufficient.
“To elevate form over substance in circumstances where authenticity is not in dispute would undermine the efficiency of arbitration and frustrate the legislative intent behind the Arbitration Act,” the judge stated.
On the substantive issue, the court noted that Base Metal Mining’s public policy objection had already been resolved by the Supreme Court.
Justice Ndlovu emphasised that arbitration is intended to provide finality and that continued challenges on the same grounds constitute an abuse of process.
The court ordered Base Metal Mining to bear the costs of the suit.
