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they were seeking a provisional order against their business partner, banker Mr Patterson Timba and other shareholders dismissed.
The couple was seeking an order for Mr Timba, other shareholders and agents not to interfere in any manner with Glencairn Mine in Kadoma, which they jointly own.
They also wanted all the locks on the three gold concentrators, carbon room, four fuel pumps, workshops and gates leading to the mining areas removed. The Rushwayas also wanted the respondents to restore possession of a Nissan NP 300 and a Nissan Hardbody to them. They had also appealed against an order granted by the magistrates’ court that both parties should co-exist at the mine.
High Court Judge Justice Susan Mavangira said, “It appears to me that the preliminary point that must first be determined is whether or not the applicants have the locus standi in judicio to bring this application before the court.
“The essence of the applicants claim is that they were despoiled of their possession and control of Glencairn Mine, and the assets thereat.”
She said the applicants’ stance and explanation was self contradictory.
“In the result, it is found that the applicants have no locus standi in judicio to institute this urgent chamber application,” said Justice Mavangira.  
Last week the Rushwayas trial in which they are accused of transferring mining claims worth about $300 million held by Aepromm Resources (Pvt) Ltd company, through its subsidiary Tolrose Investment, to a new company without the consent of other shareholders opened in Chinhoyi.
The couple was formally charged with fraud, which they denied when their trial began before Chinhoyi regional magistrate Mr Solomon Jenya.
Testifying in the case, the previous owner of the mine now at the centre of an ownership wrangle between directors — the Rushwayas and Mr Timba — Mr Collin Cecil Rose said he heard about the alleged crime from the police when he was called to give a statement.
Defence lawyer Mr Tapiwa Muchineripi of Muchineripi and Associates is seeking to prove that Mr Rose was not privy to what was going on at the company after disposing of it thereby making him an irrelevant State witness.
Prosecutor Mr Herald Matura alleges that sometime in September 2010 the couple connived and transferred claims at Glencairn Mine in Eiffel Flats, Kadoma owned by Tolrose Investments, a subsidiary of Aepromm Resources  to a new company Xeloid Investments (Pvt) Ltd.