Blackgate Investments (Private) Limited v Minister of Mines and Mining Development N.O. and Others

Blackgate Investments (Pvt) Ltd (appellant), Ran Mine (Pvt) Ltd (third respondent), and G & P Industries (Pvt) Ltd (fourth respondent) had a long-standing dispute since 2009 over adjacent mining claims known as Kimberly 18, 19, 20, and 21 in Bindura district. Ran Mine and G & P Industries complained that Blackgate had over-pegged and encroached onto their mining claims. The Mining Commissioner registered claims for all parties as "Kimberly 18", creating confusion. In 2010, the Commissioner recommended cancellation of Ran Mine and G & P Industries' claims, but the Minister, following the Attorney General's advice, did not cancel them. Blackgate's review application was dismissed, but on appeal in SC 236/11, the Supreme Court remitted the matter to the Minister to determine whether the claims had been forfeited when Blackgate registered its claims. A Dispute Resolution Committee was constituted and conducted inspections in 2021, making findings but not producing survey maps and diagrams as ordered by the Supreme Court. The Minister then cancelled Blackgate's certificate of registration for Kimberly 18. Blackgate's subsequent review application was dismissed by the High Court. Blackgate then applied for a compelling order to force the Minister and Commissioner to conduct a survey and produce diagrams, which was also dismissed by the High Court with costs on a higher scale for abuse of process. Blackgate appealed to the Supreme Court.

• Whether the relief sought in the notice of appeal was exact as required by Rule 37(1)(e) of the Supreme Court Rules, 2018
• Whether the High Court erred in dismissing the application for a compelling order
• Whether the Dispute Resolution Committee complied with the Supreme Court's order in SC 236/11
• Whether the High Court erred in awarding costs on a higher scale

The matter was struck off the roll with costs on the ordinary scale.

Rule 37(1)(e) of the Supreme Court Rules, 2018 requires that the exact relief sought must be stated in the notice of appeal itself. The relief sought cannot be stated by reference to the contents of another document or court proceeding. Rule 37(1) is couched in mandatory and peremptory terms, and failure to comply with its requirements renders the notice of appeal fatally defective and a nullity. A nullity cannot be cured by amendment and the proper remedy is to strike the matter off the roll.

The Court noted that although the matter was struck off on a procedural technicality, the Minister and Commissioner had failed for several years to comply with the Supreme Court's order in SC 236/11, which had resulted in the parties having to make multiple applications to resolve disputes between them. This justified awarding costs on the ordinary scale rather than a higher scale, despite the defective appeal. The Court also noted during submissions that counsel for the Minister and Commissioner conceded he was barred and did not have the right of audience before the Court, and that his clients would abide by the decision of the Court. The Court did not determine the substantive merits of whether the High Court erred in its various findings regarding the survey, over-pegging, and compliance with the Supreme Court order.

This case reinforces the strict interpretation and application of the Supreme Court Rules, 2018, particularly Rule 37(1)(e) requiring that the exact relief sought must be stated in the notice of appeal itself. It confirms that the relief cannot be stated by reference to another document or court proceeding. The judgment emphasizes that Rule 37(1) is mandatory and peremptory, and failure to comply renders the notice of appeal fatally defective and a nullity that cannot be cured by amendment. The case also demonstrates judicial discretion in awarding costs where administrative authorities have contributed to protracted litigation through failure to comply with court orders, justifying ordinary scale costs rather than a higher scale despite a defective appeal.