The Mines and Mining Development Ministry is seeking to overturn a Harare High Court ruling declaring Africa Consolidated Resources the rightful owners of contested diamonds mined from Chiadzwa. In September 2009, High Court Justice Charles Hungwe validated ACR's Chiadzwa title, previously rescinded by the police.

The Mines and Mining Development Ministry filed a motion challenging Justice Hungwe's ruling, arguing that ACR got that judgment through concealing crucial information and misrepresentation.

There is also a pending appeal against the same judgment at the Supreme Court.

According to the motion, the companies ACR used to acquire the diamond claims, namely subsidiaries Heavy Stuff, Olebile, Dashaloo and Possession Investments, did not exist at the time the registration was done.

"It has emerged subsequent to delivery of the September judgment that the applicants fraudulently concealed material facts from the court," said the ministry's motion.

"It is respectfully submitted that the judgment should be rescinded on the basis that it was fraudulently obtained.

"When certificates of registration were issued to the ACR subsidiaries, there was no person to whom such certificates could be granted."

The ministry said ACR got the claims on reserved land following the discovery of gold between Chimanimani and Chiadzwa around 2004.

ACR lawyer Jonathan Samukange dismissed the allegations, saying everything was above board: "Fraud involves misrepresentation that is intended to prejudice someone. To whom was the alleged misrepresentation made?

"The companies in question were incorporated by an independent person who has no interests in ACR."