adminMathew Msinge
INTRATREK Zimbabwe boss, Wicknell Chivayo, will now commit to the construction of the 100 megawatt Gwanda Solar Power Project after a High Court Judge ruled that his contract with Zimbabwe Power Company (ZPC)was still binding.
Chivayo and ZPC were in a long-standing contractual dispute over the interpretation and implementation of the project, with the businessman alternatively claiming US$22 million in damages.
The businessman equated the damages to the expenses he incurred while trying to secure funding for the same project.
ZPC argued that Intratrek had failed to meet some of the conditions and counter-claimed that the Engineering Procurement Contract entered into on October, 23, 2015, was now invalid.
In his ruling, High Court Judge, Justice Siyabonga Musithu, upheld Chivayo’s claim and blamed ZPC for frustrating its contractor.
“Resultantly it is ordered that: The procurement contract for the Engineering, Procurement and Construction (EPC Contract) of the 100MW Gwanda Solar Project (ZPC 304/2015) between Intratrek and ZPC as amended is valid and binding between them.
“Consequent to the declaration of the validity of the EPC Contract, an order for specific performance of the said contract is hereby granted.
“ZPC claim in re-convention is hereby dismissed with costs.
“ZPC shall pay the Intratrek’s costs of suit in the claim in convection,” reads the ruling.
Chivayo, who was the sole witness during the trial, was praised by the judge for sticking to the truth.
Online Reporter