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Fidelis Munyoro Chief Court Reporter
The High Court has told Chitkem security firm that it cannot continue providing services to Delta Corporation (“until kingdom come”), against the will of the contractor which intends to bring on board another firm.
Chitkem’s contract with Delta expired last August, but the beverage producing company relocated the contract to enable the former to continue providing services after the expiration of its contract.
Delta this year terminated the security services contract and asked Chitkem to remove its security guards from all its depots as it has now contracted another security company to perform the same task starting April 1, this year.
But implementing the new arrangement on April 1 became a toll order as Chitkem refused to budge and instead kept its security guards firmly on the ground.
This prompted Delta to approach the High Court on an urgent basis seeking an interdict against the security firm.
Chitkem insisted at the hearing that it was entitled to continue providing security services because the contract was unlawfully terminated.
But Justice Nicholas Mathonsi ruled that Delta had a good case warranting the court to grant the relief sought and described Chitkem’s conduct as bizarre.
“The parties freely and voluntarily entered into a security services contract,” said Justice Mathonsi.
He said in the exercise of its freedom of contracting, Delta chose that it was no longer interested in the services of Chitkem and terminated the contract.
“Even if the termination is found to have been unlawful, the respondent has well defined remedies in contract in particular. It can sue for damages,” said Justice Mathonsi.
“It (Chitkem) however, cannot insist on continuing to provide service, which is no longer required.”
For now, the ruling temporarily put to rest an undesirable situation in which two security companies were falling over each other to render the same service.
Online Reporter