THE High Court in Bulawayo has dismissed an application for rescission of judgment filed by Fleekfair Trading (Pvt) Ltd and its director, Allen Sibanda, bringing finality to a protracted mining dispute over operations at C-Mine in the Midlands province.
The applicants sought to overturn an earlier order granted in favour of Chengbao Mining (Pvt) Ltd under case number HCBC 205/25.
They argued that Fleekfair was never cited in the original proceedings and that Sibanda's legal representatives acted without instructions, resulting in what they described as a "fundamentally flawed judgment."
They further claimed that Fleekfair had been the actual operator at the mine since 2022 under a tribute agreement and that Sibanda had been wrongly excluded from proceedings that led to his interdiction from mining activities.
However, Bulawayo High Court Judge Justice Bongani Ndlovu rejected the application, ruling that the applicants had failed to meet the legal threshold for rescission under Rule 29(1)(a) of the High Court Rules, 2021.
"The applicants have failed to make a case warranting the relief they seek. They have adduced self-defeating evidence," the judge said.
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"Clearly, one cannot suggest that the applicants have proved their case on the balance of probabilities."
On Fleekfair's alleged role in the mining operations, the court found no credible documentary link between the company and the disputed activities.
Ndlovu noted that key regulatory and tax records did not support the applicants' version of events.
"The documents attached by the applicants actually show that the first applicant has never been the party conducting the mining," the judge said, adding that inconsistencies in the paperwork raised serious concerns about authenticity.
The court also dismissed Sibanda's claim that his former lawyers acted without instructions, describing the explanation as unsubstantiated.
"In the absence of supporting evidence from the legal practitioners who were on record, the court is left with no basis to accept that counsel acted on a frolic of their own," Ndlovu said.
He also ruled that Sibanda had been properly served in the original proceedings and had failed to participate despite having the opportunity to do so.
"There was ample time to confront whatever irregularities the applicant now raises. Sitting back was not one of them," the judge added.
The court said no procedural error had been demonstrated in the granting of the original judgment and dismissed the application with costs, effectively upholding the earlier order barring Sibanda from mining activities at C-Mine.