DISTRIBUTED BY VERITAS TRUST Tel: [263] [4] 794478 Fax & Messages [263] [4] 793592 E-mail: veritas@mango.zw Veritas makes every effort to ensure the provision of reliable information, but cannot take legal responsibility for information supplied. Judgment No. SC 34/18|5 Civil Appeal No. SC 165/16 Marange Resources (Pvt) Ltd directly participated in despoiling Mbada Diamonds. It merely proves Marange’s willingness to join the merger before receiving further information while Grandwell needed further information before it could decide on whether or not Mbada Diamonds should join the merger. It was on these facts that the first respondent sought an interim order declaring that the conduct of the appellants in removing Mbada Diamonds’ representatives from its mining site and effectively assuming control of Mbada Diamond’s mine constitutes an act of spoliation. The first respondent also sought an order directing the appellants to vacate Mbada Diamond’s mining site with immediate effect and interdicting the appellants from interfering with Mbada Diamonds’ operations. Mbada Diamonds through an affidavit signed by its Chief Executive Officer Luciyano supported the first respondent’s application. The application was opposed by the appellants who raised several preliminary points including that the first respondent as a shareholder of Mbada Diamonds had no locus standi to institute an action on behalf of the company. The appellants argued that Mbada Diamonds should have made the application to enforce its rights. The first respondent argued that it was entitled to institute proceedings on behalf of the company through a derivative action. The appellants argued that derivative action was not available to the first respondent. The court a quo dismissed the preliminary point raised by the appellants and held that derivative action was available to the first respondent. The court a quo held that it would