Zimbabwe's police have successfully challenged a court order that would have forced them to return mining equipment to the Chinese gold company Jiayuan Investments. Justice Joel Mambara granted the rescission application after authorities explained they missed the initial hearing because of administrative delays with a new electronic filing system. The equipment had been seized following Jiayuan's conviction for illegal alluvial mining in Bindura, with a magistrate ruling that the machinery be forfeited to the state.
Jiayuan had secured a default judgment requiring police to release the equipment within 48 hours, but authorities refused compliance and argued the state forfeiture made return impossible. The company's lawyers attempted to block the rescission by invoking the dirty hands doctrine, claiming police defied judicial orders.
Justice Mambara rejected those arguments and ruled that resolving disputes on merit takes precedence over procedural complications. The case will proceed to a full hearing to determine ownership rights, while Jiayuan must cover costs for the rescission application.
Jiayuan had secured a default judgment requiring police to release the equipment within 48 hours, but authorities refused compliance and argued the state forfeiture made return impossible. The company's lawyers attempted to block the rescission by invoking the dirty hands doctrine, claiming police defied judicial orders.
Justice Mambara rejected those arguments and ruled that resolving disputes on merit takes precedence over procedural complications. The case will proceed to a full hearing to determine ownership rights, while Jiayuan must cover costs for the rescission application.
