Business tycoon Wicknell Chivayo and his company Intratrek Zimbabwe (PVT) LTD have won the Supreme Court appeal against the Zimbabwe power Company (ZPC) in a 22 million dollars damages claim.
Justice Lavender Makoni sitting with Justice Joseph Musakwa and George Chiweshe all unanimously concurred and dismissed the ZPC appeal for lack of merit and upheld the High Court judgement by Justice Paul Siyabonga Msithu handed down in January this year after a fully contested trial in September 2022.
n a comprehensive 42 page Judgement handed down this morning by Justice Musakwa the Supreme Court noted that ZPC deliberately frustrated the contract at a time the nation is suffering from continuous power cuts and and power deficit.
In the circumstances the appeal stands to fail. The appeal be and is hereby dismissed. ZPC shall pay the costs of the suit. This brings to an end a long standing contractual no holds bar legal battle between the two parties over the interpretation and implementation of the 100MW Gwanda Solar Project which has dragged over five years. The Supreme Court of Appeal noted that Intratrek Zimbabwe (Pvt)Ltd won the project as the lowest compliant bidder to specification in a competitive tender adjudicated by ZPC and evaluated, approved and awarded by the erstwhile State Procurement Board (SPB) now Procurement Regulatory Authority of Zimbabwe. (PRAZ)
GWANDA WILL GO ON: 📹 Advocate Lewis Uriri, lawyer for businessman Wicknell Chivayo and his company Intratrek, speaks outside Supreme Court after judges confirmed High Court ruling that ZESA must see through the US$172 million Gwanda solar project or compensate for US$22 million pic.twitter.com/ZvPTZpf3Oc
— ZimLive (@zimlive) December 1, 2023
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