Chitando stands accused of grabbing gold claims owned by
Mohamed’s firm, Anesu Gold, and transferring them to Gold Reef Mining, where he
was a shareholder.
In the High Court application, Mohamed claimed that Anesu
Gold is the registered owner of the claims which are also referred to as
Mangoro claims (Ipanema).
Chitando’s lawyer Lovemore Madhuku failed to depose an
opposing affidavit to rebut the allegations when he appeared before High Court
judge Justice Rogers Manyangadze.
The other respondent, Golden Reef, was represented by Welshman
Ncube.
Ncube argued that Anesu Gold had failed to establish a
locus standi in its founding affidavit.
“It is respectfully submitted that applicant, having been
previously challenged on its locus standi, in previous cases between the
parties, particularly case numbers HC7497/20 and HC33/21, had an obligation to
plead its locus standi in the founding affidavit by explaining how it has the
locus standi to vindicate rights which on the face of it belonged to a company
known as Start Mining Services,” Ncube submitted
In his application,
Mohamed submitted that the mining claims were previously registered in the name
of Start Mining Services (Pvt) Limited, but at the material time, they were
owned by and/or registered in his company name.
He said in 2018, invoices were sent to Start Mining
Services to pay mining fees for the mining claim, but it failed, leading to
forfeiture.
But Gold Reef argued that Mohamed and Anesu Gold had no
legal right to bring the case before the courts, adding that there was nothing
illegal about Chitando being a director of Golden Reef Mining. Newsday
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