News / National
Wicknell wins court battle against ZPC
19 Jun 2019 at 16:50hrs | Views
THE High Court on Monday granted an application by Intratrek Zimbabwe to proceed with the 100 megawatts Gwanda solar project, which had stalled after a contractual dispute with Zimbabwe Power Company (ZPC).
In an 18 page judgment, Justice Tawanda Chitapi said ZPC was, with due respect, and as evidenced by its deposition, appealing an earlier Judgment by the court in favour of Intratrek, for selfish and self-serving ulterior motives.
Intratrek first approached the High Court seeking an order declaring the contract with ZPC valid and extant after the State power utility had nullified the agreement citing breach of contract in completing agreed works in time.
However, Intratrek argued that a number of actions taken by the utility, including causing the arrest of its director Wicknell Chivayo and failure to fulfill guarantee obligations, grossly frustrated performance of the contract.
As such, the High Court judge said he had granted the application by Intratrek for execution of the earlier judgment pending the appeal filed by ZPC at the Supreme Court, which he noted had very little prospects of success.
"The motive for appeal is improper. It is disgraceful that national projects are stalled by contracting parties having merry dances in board rooms instead of project sites and seeing the project to fruition.
"It has already been observed that the subject matter of the contract is of immense national importance. It is of public interest. The public wants electricity for use at home and in industries.
"The public is not interest in bickering for self interest and egos. In the result leave to execute judgment of this court, HH818/18 is granted and the said judgment shall be given full effect notwithstanding the appeal noted by ZPC," he said.
More to follow.....
In an 18 page judgment, Justice Tawanda Chitapi said ZPC was, with due respect, and as evidenced by its deposition, appealing an earlier Judgment by the court in favour of Intratrek, for selfish and self-serving ulterior motives.
Intratrek first approached the High Court seeking an order declaring the contract with ZPC valid and extant after the State power utility had nullified the agreement citing breach of contract in completing agreed works in time.
However, Intratrek argued that a number of actions taken by the utility, including causing the arrest of its director Wicknell Chivayo and failure to fulfill guarantee obligations, grossly frustrated performance of the contract.
As such, the High Court judge said he had granted the application by Intratrek for execution of the earlier judgment pending the appeal filed by ZPC at the Supreme Court, which he noted had very little prospects of success.
"The motive for appeal is improper. It is disgraceful that national projects are stalled by contracting parties having merry dances in board rooms instead of project sites and seeing the project to fruition.
"It has already been observed that the subject matter of the contract is of immense national importance. It is of public interest. The public wants electricity for use at home and in industries.
"The public is not interest in bickering for self interest and egos. In the result leave to execute judgment of this court, HH818/18 is granted and the said judgment shall be given full effect notwithstanding the appeal noted by ZPC," he said.
More to follow.....
Source - th eherald
