Welt Machinen Engineering Ltd v China Road & Bridge Corporation & Anor
Welt Machinen Engineering Ltd v China Road & Bridge Corporation & Anor (Civil Suit No. 16 of 2014) [2016] UGHCCD 17 (14 April 2016)
The plaintiff is the lawful holder of location licences 1194 and 1195, but these licences pertain only to Atumtoak rock, not Kamusalaba. The 1st defendant’s mining activities at Kamusalaba were not an infringement of the plaintiff’s mineral rights, as the plaintiff’s licences did not cover Kamusalaba. However, the third party and 2nd defendant lacked legal capacity to contract with the 1st defendant for mining at Kamusalaba, as only the Commissioner of Geological Survey and Mines may issue such licences under the Mining Act and Constitution. The 1st defendant’s mining at Kamusalaba was theref…
Source excerpt
- Mineral Rights
- Location Licence
- Trespass
- Capacity To Contract
- Damages Assessment