Sunny Yi Feng gets its mining claim back

SUNNY Yi Feng Tiles Zimbabwe, a Chinese tile manufacturer, has won a High Court case affirming its exclusive ownership of two mining claims in Norton.Zimbabwe car imports

The court ordered Quarry Product Distribution Pvt Ltd, which currently holds the claims, to surrender them to Sunny Yi Feng within seven days.

Additionally, Quarry Product must cover legal costs on a higher scale.

The dispute arose after Sunny Yi Feng, which holds mining rights to a 40-hectare site at Stonehearst Farm, Norton, filed a lawsuit seeking to reclaim its property.

The two companies had entered into a sale agreement for the mining claims and related machinery in October 2022, which was later amended in November 2022 to remove arbitration as the first step in resolving disputes.

However, Sunny Yi Feng canceled the agreement in May 2023, alleging that Quarry Product was unlawfully occupying the claims, continuing mining activities and retaining machinery without permission.

The Chinese firm argued that it retained rightful ownership since the mining claim certificates were never transferred to Quarry Product.

Quarry Product opposed the application, claiming that the cancellation of the agreement was invalid and that Sunny Yi Feng had failed to meet its contractual obligations.

These alleged failures included not completing the installation of crushers, not delivering remaining machinery and not transferring the mining claim certificates.

The company also argued that a tribute agreement—a type of mining lease—had been signed in November 2022, and it was occupying the claims lawfully under that agreement.

Quarry Product said it had paid statutory fees for the tribute agreement and had appealed to the Minister of Mines over the dispute.

It further accused Sunny Yi Feng of breaching the agreement of sale and argued that the Chinese firm had no right to cancel the contract.

However, Justice Sylvia Chirawu – Mugomba, presiding over the case in the High Court’s Commercial Division, rejected Quarry Product’s arguments.

She found no evidence to support its claim to remain on the mining claims without Sunny Yi Feng’s approval.

The court ruled that Sunny Yi Feng is entitled to absolute ownership of the claims and ordered Quarry Product to hand them over.

If Quarry Product fails to comply, the Sheriff of the High Court has been authorised to enforce the order.

During the hearing, Quarry Product’s lawyers raised a preliminary objection, arguing that Sunny Yi Feng had previously filed a similar case (HCHC 398/23), which it later abandoned, and was now engaging in “forum shopping.”

He claimed the earlier order was still valid and binding. However, Sunny Yi Feng’s lawyers, countered that the earlier case had not been decided on its merits and that the current application was valid.

The judge dismissed the preliminary objection, ruling it had no merit. The court focused on whether Sunny Yi Feng had met the legal requirements to reclaim possession of the mining claims.

Justice Chirau – Mugomba noted that the tribute agreement, which Quarry Product relied on, had already been set aside in a separate case (HCHC 174/24), and an appeal on that issue was pending before the Supreme Court.

As such, it had no relevance to the current matter. Quarry Product’s reliance on the tribute agreement weakened its position, as it conceded Sunny Yi Feng’s title to the mining claims but argued that its occupation was lawful under the sale agreement.

Sunny Yi Feng lawyers emphasized that Quarry Product had no valid basis to continue occupying the claims, as the cancellation of the agreement of sale remained in effect unless overturned.

He argued that the respondent’s opposition collapsed once the tribute agreement was dismissed.

Muromba, on the other hand, maintained that his client was not unlawfully occupying the claims and was acting under the terms of the sale agreement.

Ultimately, the court sided with Sunny Yi Feng, granting its application for “rei vindicatio,” a legal claim to recover property. The ruling affirms Sunny Yi Feng’s full ownership of the mining claims and reinforces its right to enforce this ownership against any party.

-ebsiensswekl