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Danisa Masuku
FORMER Zimbabwe Minersa�� Federation president and prominent Bulawayo businessman Trynos Nkomo has lost a fight in which he wanted to grab gold mine claims from a Gwanda small scale miner.
The High Court in Harare last Tuesday dismissed his application to evict the miner from the claims.
Nkomo, who owns Bunny Luck Mine in West Nicholson which he once claimed to run in partnership with the then Vice President Joice Mujuru, had tried to seize gold claims from Sifanjani Moyo popularly known as a�?Bhebhea�?.
Nkomo argued that the claims were his.
It emerged Moyo had invited Nkomo to be his partner at the claim.
Nkomo allegedly secretly tried to register the mining claim at the Gwanda mining offices without Moyoa��s knowledge.
The registration is still pending.
After that Nkomo rushed to the High Court in Harare, case number HHC 9130/ 16 where he filed an urgent chamber application seeking an interdict barring Moyo from visiting the gold claims and stopping him from removing gold ore from the site.
The matter was heard on Tuesday before Justice Hlekani Mwayera.
Justice Mwayera dismissed Nkomoa��s application and attacked him for trying to abuse the court to achieve selfish ends.
a�?The Applicant (Nkomo) is trying to abuse the High Court, there is no urgency in this matter but ita��s self-created by the Applicant. Therefore the application is dismissed with costs at the ordinary attorney to client scale,a�? ruled Justice Mwayera.
She also queried the authenticity of the mining papers which Nkomo brought before the court. She said they raised suspicion as they were obtained after the dispute started.
Nkomo filed them after he had allegedly disappeared with over $97 000 which he was supposed to share with Moyo.
The money was part of $147 000 of gold they delivered to Fidelity Printers and paid through Nkomoa��s name as per their partnership.
Police who were also cited in the papers by Nkomo distanced themselves from the matter arguing that they were wrongfully cited instead he should have cited the Ministry of Mines and Mining Development.
Nkomo has been to the courts before in cases involving mining issues.
In 2014 he was convicted of supplying false information to detectives from the Gwanda Minerals Unit who wanted to question him for allegedly externalising gold.
When the detectives asked to see mining registration papers for Bunny Luck Mine, he told them they were with his partner, the then Vice President Mujuru.
Former VP Mujuru disowned him in an affidavit presented to the court.
Gwanda resident magistrate, Ms Sheila Nazombe convicted Nkomo and fined him $200 or two months in prison.
In addition 30 days in prison were wholly suspended for five years on condition he did not commit a similar offence. .
derick.khumalo