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So, off to Court by the end of the week? Settlement prior...

  1. 56 Posts.
    So, off to Court by the end of the week? Settlement prior doesn't seem likely. Both parties seem to think they have a strong case.

    For many months, the 'official' MLS 'disclosure' had been that "they are not aware of any problem with the tenement renewal" "other than a reorganisation of the Namibian Mines Department causing the delay", & pointed to "others experiencing up to a 6 month delay" also.

    But, when the MLS delay became 9 months & (as far as I know) the longest delay of all, then the excuse that it was just incompetence by the Department was looking pretty thin.

    Then, 'the bombshell' - a writ claiming that ownership of the tenement by MLS was in dispute. And the admission by MLS that this character had been claiming long ago that MLS was trespassing on his tenement, but MLS subsequently believed "he had gone away". Convenient for the Claimant that MLS actually found U values of interest & thus he become more determined to press his claim .....

    MLS maintains that it is the rightful owner of the tenements & has retained lawyers of this view (guess you wouldn't retain lawyers not of this view!) - although this belief wasn't strong enough for MLS to continue exploration without the official tenement renewal coming through; although invited to continue with exploration by the Namibian Mines Department.

    Will the case against MLS get thrown out by the Judge at this week's opening submissions? Perhaps .... but if the claimant's case is detailed / complicated, then probably more likely that it will get adjourned to a later date for a full hearing ....

    MLS can counter-claim that lack of tenement renewal has 'cost it'? Reach a last minute cash / royalty settlement with the claimant?

    A Brian Moore is also brought into the fray by the Clainant - presumably Moore was the one that brought the tenement to MLS & dotted all the 'i's & crossed all the 't's of the deal in good faith.

    There was confusion as to what piece of ground was actually being offered? I seem to remember that MLS wasn't able to secure the bit of ground that they really wanted, but settled for the current bit of ground that they were almost as happy with .... This is the nub of the problem?

    Perhaps, interestingly, the Claimant has enjoined the Namibian Government into his claim - the tenement WAS transferred to MLS & presumably the paperwork was checked. Perhaps if the Namibian court rules against MLS, there is an opportunity to thus go to the International Court? But this could take years?

    I continue to hold a fair few MLS. Bl--dy risk / rewards of Africa!

    Col8

    PS Re-reading my post, I don't think I've actually written anything, but having put in the effort, present it amyway
 
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