adminMBADA Diamonds, whose mining operations around Chiadzwa area were stopped along with five other companies in 2016 scored a major victory last Friday when the High Court ordered the Zimbabwe Consolidated Diamond Company (ZCDC) to stop selling diamonds belonging to the mining company.
High Court judge, Tawanda Chitapi also ordered ZCDC to return diamond ore it took from Mbada premises.
Mbada diamonds through their partner Grandwell Holdings Investments made an application at the High Court the court seeking an order to stop ZCDC from taking and selling their diamonds which they had accumulated while they were still in operation.
The interim ruling means that ZCDC must return the over 1,5 million carats of dismal day ore belonging to Grandwell and Mbada. Reads part of the interim order;
“That pending determination of this matter, the applicant (Grandwell) is granted the following relief: the first (ZCDC) and third respondents (Minerals Marketing Corporation of Zimbabwe) be and are hereby interdicted from and ordered not to sell, whether directly or indirectly through any third party, any diamonds from, the concession areas (‘the concession areas’) on which the second respondent (Mbada Diamonds) was carrying out mining operations as described in the Joint Venture and Shareholders Agreements between Marange Resources (Private) Limited and the applicant dated 21 July 2009 and 13 August respectively.
“The second respondent’s mining site in the concession areas which are the subject of pending litigation before the courts, consequent to an admission by the third respondent that the sale of diamonds by the third respondent at the instance of the first respondent has been ongoing including today, the first respondent shall deposit the proceeds realised from the sale of diamonds mined from the disputed concession area with the Sheriff to be held pending the return date of this order and the making of a final order by the court.”
“Should the first and/or third respondents fail to comply with paragraph 1 above, they shall be denied audience before this honourable court and any papers filed by them shall be struck out of the record.”
Tinaye Agere
Online Reporter