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Chief Court Reporter
THE Supreme Court has reserved its ruling in the appeal by Zimbabwe Power Company (ZPC) against a High Court decision awarding businessman Mr Wicknell Chivayo and his company Intratrek Zimbabwe US$22 million for breach of contract over the Gwanda solar project.
ZPC awarded Intratrek a tender in 2014 to construct a 100 megawatt solar plant in Gwanda but later after disputes arose, made allegations that the solar power company and its managing director had committed fraud.
Intratek Zimbabwe represented by Advocate Lewis Uriri instructed by Manase & Manase Legal Practitioners then counter sued ZPC claiming US$22 million damages for defamation, arguing they were losing out on business worldwide after ZPC raised criminal allegations against his company.
High Court judge Justice Paul Musithu ruled early this year that the Gwanda solar project tender was still valid and binding to the parties in terms of the amended contract.
Unhappy with the decision of the lower court, ZPC through Advocate Daniel Tivadar, instructed by Muvingi and Mugadza Law Firm, appealed to the Supreme Court.
The power company argues that Intratrek failed to meet the prescribed conditions of the contract and that therefore it can be cancelled.
A three-judge panel composed of Justice Lavender Makoni, Justice George Chiweshe and Justice Joseph Musakwa yesterday heard the appeal by ZPC and reserved judgment to a later date.
Bongani Ndlovu
Online Reporter