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Judgment No. SC 34/18|7
Civil Appeal No. SC 165/16
same, and that, in any event, the first respondent had locus standi in judicio to
institute the proceedings.
3. The court a quo further erred in finding that the first respondent had peaceful and
undisturbed possession of the mining concessions in its capacity as project manager
and that, therefore, it was entitled to spoliatory relief in its personal capacity when the
founding affidavit did not make such allegation and relief was not sought on that
basis.
4. The court a quo further erred in finding that the appellant had committed an act of
spoliation against the fifth respondent when, in the circumstances, the appellant was
not found to have done anything to evict the fifth respondent from mining
concessions.
5. The court a quo further erred in entitling, authorising and empowering the fifth
respondent’s security personnel, with all its chain of command, to remain at the
mining concessions until resolution of a matter that was resolved on the 22 February
2016 when the relevant statutory functionary exercised his discretion against the
further extension/renewal of the special mining grants in question.
The second, third and fourth appellants were also aggrieved by the decision of the
court a quo and appealed to this Court on the following grounds.
1. The court a quo erred in finding that the appellants had committed acts of spoliation
against the first and second respondents in the absence of evidence or even an
allegation that the appellants evicted the said respondents and in the face of evidence