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Judgment No. SC 34/18|21
Civil Appeal No. SC 165/16
me that the facts, as set out, establish that the first appellant was primarily instrumental in the
removal of the second respondent from the mining site.
I am satisfied that the court a quo correctly found that the second respondent was
in peaceful possession before the appellants acted in common purpose in removing the
second respondent from its peaceful possession of the mining site.
(ii)
Whether or not the second respondent was forcibly
and
wrongfully
deprived
of
possession
It is not in dispute that on 22 February 2016, after the press conference by the
first appellant, armed police and officials from the Ministry of Mines moved onto the mining
site which was being operated by second respondent and forcibly shut down its operations.
The security team of second respondent was disabled and its employees were evicted from
both their work stations and their on-site accommodation. These actions were conducted
without a court order.
All Mbada Diamonds employees were rounded up and their communication with
the outside world was cut off. They were also subsequently forced off and barred from the
mining site. The officials proceeded to switch off the machines and equipment which were in
operation. The armed police officers remained on site and stopped employees from accessing
the plant. Mbada employees were threatened with violence and were forced to leave the mine
during the evening of the 23 February 2016. The third respondent, the Commissioner General
Select target paragraph3
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