adminMunyaradzi Musiiwa Midlands Correspondent
Gweru City Council has dragged Emobuild Construction which was awarded a tender to install traffic lights in the Central Business District to the Court of Arbitration after 80 percent of them developed faults and the contractor failed to honour its warranty.
The local authority wants Emobuild Construction to compensate it for the claims it paid out to motorists involved in accidents at the robot-controlled intersection as a result of the malfunctioning traffic lights between 2013 and 2019.
In a letter addressed to the local authority by Dzimba, Jaravaza and Associates Legal Practitioners, Emobuild Construction said it was unlikely to pay the damages claimed by council unless it provided evidence on the quantity and extent of damage caused.
“We refer to our letter dated May 2, 2019. Thank you for the list of five witnesses that is contained in the aforesaid letter,” read part of the letter.
“However, no independent witnesses in respect of a claim of general damages have been furnished.
“In addition, no newspaper articles from newspapers reporting accidents at the road intersections where robots were either malfunctioning were furnished.
“The court/Arbitration Tribunal cannot grant any award in the form of general damages when no evidence to support the claim both in terms of factually proving the allegations as well as in terms of proving the quantification of damages claimed.
“In the absence of evidence aforementioned the claim for general damages will be completely dismissed.
“I now await at your earliest convenience delivery of all outstanding information and documents.”
Gweru Mayor Councillor Josiah Makombe confirmed that Gweru City Council had incurred costs for damages claimed by motorists who were involved in an accident in the CBD as a result of the traffic lights malfunctioning.
Online Reporter