The Supreme Court on Friday, 01 December dismissed Zimbabwe Power Company (ZPC)’s appeal against a High Court ruling in favour of Wicknell Chivayo’s Intratrek against the Zimbabwe Power Company (ZPC), reported NewZimbabwe.com.
Justices Joseph Musakwa and George Chiweshe handed down a brief judgement also slapping ZPC with costs. Said Justice Mutsakwa:
The appeal is being dismissed. The appellant shall pay costs of suit.
ZPC cancelled Intratrek’s contract to build a 100MW solar plant in Gwanda, saying Intratrek had failed to meet targets.
In January, High Court judge Justice Siyabona Musithu ruled in favour of Chivayo, saying the tender was still valid.
Intratrek had sought an alternative order to be paid US$22 million in damages, but the High Court ruled that this was not necessary.
Chivayo also demanded US$3 million in compensation for expenses he had incurred between 2013 and 2018 funding the project.
Chivayo had argued ZPC tarnished his integrity by getting him arrested on fraud allegations emanating from the named project.
ZPC, through its lawyer Daniel Tivadar appealed the ruling arguing that Intratrek did not fulfil the contract hence the High Court erred when it ruled that the contract was binding and valid.
Tivadar said the project was supposed to have been completed in 2019.
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