Kalengwa Mineral Processing Limited has sued Moxico Resources Zambia and Euro Africa Kalengwa Mines Limited demanding US $21 million, money owed over the Kalengwa mine which the defendants have destroyed since taking over almost 3 years ago.
Further, Kalengwa Mineral Processing has obtained an ex-parte order of injunction, restraining the defendants from operating the mine and having access to it until the matter is determined by the High Court.
The plaintiff says it remains the owner of mining rights and mineral processing licence over Kalengwa Mine which the defendant companies had taken over.
Since June 20, 2019, the two defendant companies had illegally taken over Kalengwa Mine in Mufumbwe district.
In 2020, Moxico and Euro Africa maliciously obtained an interim injunction against Kalengwa Mineral Processing, restraining it from having access to Kalengwa Mine and carrying out any mining activities in the area.
Three and half years later, they maliciously discontinued the injunction, thus prompting Kalengwa Mineral Processing to sue. Further, the director of Moxico took an undertaking that they would be responsible for any damage occasioned should their injunction not be successful and by virtue of them discontinuing the matter.
Kalengwa Mineral Processing complained that this was proper abuse of court process and forum shopping by Moxico and the second defendant.
During the period of them being on the mine, Moxico and Euro Africa Kalengwa wantonly damaged the mine and its equipment with due regard to the investments put in by the legitimate owner.
In a writ of summons issued this week against Moxico and Euro Africa Kalengwa, Kalengwa Mineral Processing is demanding, among others:
- Immediate payment of the sum of Twenty-One Million United States Dollars (US$21,000,000.00) being sums owed by the 1st and 2nd Defendants to the Plaintiff for damages, costs and losses occasioned to the Plaintiff over its land, mining rights, capital and investments over Kalengwa Mine in Mufumbwe.
- A Declaration that the Plaintiff is the Title Holder of Certificates of Title relating to Farm No.31477; Farm No.31478, and Farm No.31479 Mufumbwe and Bona Fide Purchaser of the said properties which properties remain those of the Plaintiff to date.
- A Declaration that by virtue of Certificates of Title the Plaintiff is entitled to remain on the property in question
- A Declaration that the Plaintiff is the holder of valid Mineral Processing Licence No.24982-HQ-MPL over its Mining Tenement in Mufumbwe known as Kalengwa Mine.
- An Order of Injunction restraining the 1st and 2nd Defendants from accessing, entering, and conducting any activity or trespass on the subject properties which are subject of Certificates of Title without the written consent of the Plaintiff whom is the Title Holder thereof and vested with the surface rights; and whom is the holder of valid Mineral Processing Licence No. No.24982-HQ-MPL.
- An Order for Preservation; Detention and Custody of property as per the Plaintiffs Asset List and immediate delivery up of the Plaintiff properties known as Farm No.31477, Farm No.31478, and Farm No.31479 Mufumbwe and eviction of the 1st and 2nd Defendants whom are illegally on the said properties.
- An Order for Damages arising out of the 1st Defendant’s illegal and irregular entry and occupation of the Plaintiff’s properties; and further damages arising out of theft and pilferage of the Plaintiff’s plant and equipment.
- Interest on all sums due.
- Any other and/or further relief the Court shall deem fit.
- Costs.