Appeal Orders

Orders 426. In the event we make the following orders:-
a. The appeal is allowed.
b. Declare that on the proper construction of the Mines and Minerals Act (Cap 42) and the Mines and Minerals Regulations the Minister may not revoke a tender award or a letter of intent to issue a prospecting licence without first affording the holder an opportunity to make representations why he ought not do so.
c. Decline relief on the grounds that the tender ought not to have been awarded to SMMS and that a letter of intent to issue a prospecting licence ought not to have been granted to SMMS because SMMS already held three or more prospecting licences over other areas without having applied for a mining lease or commenced mining in at least one of them.
d. Rectification of the Land Register compiled pursuant to Part VI Division 2 of the Land and Titles Act (Cap 133) by the removal of the register (or leaves) in respect of the vesting of the perpetual estate in parcel 130-004-1 in Robert Malo, Francis Selo, Leonard Bava, Rev Wilson Mapuru and Elliot Cortez.
e. Rectification of the said Land Register by the removal of the leaves in respect of the registration of the lease of parcel 130-004-1 by Robert Malo, Francis Selo, Leonard Bava, Rev Wilson Mapuru and Elliot Cortez as lessors to Axiom KB Limited as lessee.
f. Declare that the land in parcel 130-004-1 was and remains customary land.
g. Quash the decision of the Minister for Mines, Energy and Rural Electrification made on or about 12 April 2011 to issue a letter of intent to Axiom KB Limited in respect of an application for a prospecting licence received on 29 March 2011; and
h. Declare that the letter of intent issued by the said Minister to Axiom KB Limited on 12 April 2011 is invalid.
i. Quash the decision of the said Minister made on or about 15 April 2011 to issue a prospecting licence to Axiom KB Limited; and
j. Declare that prospecting licence 74/11 issued by the said Minister to Axiom KB Limited on 15 April 2011 is invalid.
k. Declare Regulations 5 and 9 of the Mines and Minerals Regulations invalid.
l. Discharge all injunctive orders made on 24 September 2014.
m. The land appellants’ costs of and incidental to the hearing at first instance and costs of and incidental to this appeal to be paid by Axiom KB Limited including any Civil Appeal No. 34 of 2014 80 necessary certification. All other costs of and incidental to the trial and the appeal to be borne by the party incurring them.
n. Liberty to apply.