By Staff Reporter
Harare – The Supreme Court of Zimbabwe has definitively dismissed an appeal by Buchwa Iron Ore Mining Company (Pvt) Ltd, affirming a lower court’s decision that rejected the company’s claim to ownership over a stockpile of iron ore fines.
The dispute centered on the ownership of the iron ore fines, which were auctioned off to Optimax Mining Resources (Pvt) Ltd in 2016.
Buchwa Iron Ore Mining Company contested this sale, asserting its rightful ownership of the disputed property.
In a judgment delivered by Justice Elizabeth Gwaunza, the Supreme Court meticulously examined the evidence presented by the company and found it lacking.
The court highlighted the company’s failure to provide sufficient documentation or evidence to substantiate its claim that ownership of the property had reverted back to it after a temporary transfer to the Ministry of Industry and Commerce.
A critical oversight by the company was its failure to include other relevant parties, such as the Minerals Marketing Corporation of Zimbabwe (MMCZ) and the Ministry of Industry and Commerce, in the legal proceedings.
These parties could have provided crucial insights and evidence to support or refute the company’s claims.
Justice Gwaunza cited relevant case law, including Dube v Murehwa and Van Hoogstraten v Nelomwe, to emphasize the importance of substantive evidence in legal proceedings.
Citingthe recent case of Dube v Murehwa SC 68/21 at p10, Gwaunza ruled:
“The law is clear that bald and unsubstantiated allegations do not establish a litigant’s purported or announced position. See Akhtar v Minister of Public Commission SC 173/97.
“The court a quo’s decision cannot therefore be faulted because the evidence placed before it established on a balance of probabilities that the first respondent had rights emanating from the lease agreement with the second respondent whilst the appellant only made bare allegations which were not sufficient to prove the existence of any material disputes of facts (my emphasis).”
In a similar vein, in VanHoogstraten v Nelomwe SC 4/20 it was stated as follows at pages 6 – 7:
“The quality of the appellant’s evidence was so poor that the trial court cannot be faulted for rejecting it and embracing that of the respondents.
“The appellant has himself to thank for that outcome having done nothing to endear himself in the eyes of the court,” read part of the judgement.
The court underscored that mere allegations, unsupported by concrete evidence, are insufficient to establish a claim.
Ultimately, the Supreme Court ruled in favor of Optimax Mining Resources (Pvt) Ltd, upholding the validity of the 2016 auction.
Buchwa Iron Ore’s appeal was dismissed with costs.
