By Nation Reporter
The Euro Africa Kalengwa Mine Limited has lost a bid to join a case for Kalengwa Processing Zone Limited on licensing of a contentious mine.
This is in a matter where Kalengwa Processing Zone Limited applied for leave to commence judicial review of the decision by the mining licencing committee to terminate its large-scale exploration licence no. 24401-HQ-LEL.
It was seeking a declaration that the decision of the committee to terminate its licence and reinstate Euro Africa Kalengwa Mine Limited’s licence no. 8584-HQ-LEL is illegal and procedurally improper.
Kalengwa Processing wanted a declaration that the committee’s refusal to charge it for any breach of Act or giving it an opportunity to be heard is unreasonable and in breach of the mining Act.
Judge Mwaka Mikalile however stayed the decision because the order to join the interested party was irregular.
“From the forgoing, I am satisfied that the order to join the interested party was irregular. In addition to the fact that it could have been made pursuant to Order 53 Rule (1), I quite agree with the applicant that the interested has not sufficient interest in this matter. As found, the interested party has nothing to do with the decision or action that is being impugned,” she said.
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