Chivayo vs ZPC judgement expected today

Chivayo vs ZPC judgement expected today
Published: 12 December 2018 (668 Views)
The High Court is today expected to deliver judgment in a case in which Intratrek Zimbabwe managing director Wicknell Chivayo sued the Zimbabwe Power Company (ZPC) for US$25 million for instigating malicious criminal charges of fraud against him and frustrating his company from performing its obligations at the Gwanda Solar Power Project.

The civil trial was heard last month and Justice Tawanda Chitapi reserved judgment. The judgment is expected today after ZPC lawyer Mr Trust Manjengwa, who had requested to peruse the record of Chivayo's bail application in the criminal proceedings, had made his final submissions.

At the hearing last month, Chivayo's lawyer Advocate Lewis Uriri argued that the criminal prosecution of his client was designed to frustrate him and his company from performing their obligations.

He accused ZPC of acting in bad faith, arguing that allegations against Chivayo were meant to create the basis for terminating the deal on the grounds of breach of contract due to non-performance.

It emerged during the trial that ZPC never filed any report to either the police or Zimbabwe Ant-Corruption Commission against Chivayo regarding the criminal charges he is facing.

Mr Manjengwa confirmed this while defending the claim. He acknowledged in his submission that most of the pre-commencement works had been done, saying the geotechnical survey was 82 percent complete, while a third of the land to be used for the project had been cleared.

The power company also conceded that the delay in the fundraising for the project implementation was caused by Government's failure to clear Sinosure arrears.

Intratrek accused ZPC of making false allegations of fraud and corruption against both Chivayo and his company, when its procurement team adjudicated and awarded the tender through the then State Procurement Board. Both parties subsequently signed an Engineering and Procurement and Construction contract of $173 million.

Chivayo is seeking an order declaring that the procurement contract Intratrek signed with the power utility valid and binding to the parties. He also wants the court to grant him a decree of specific performance and that the pre-commencement works satisfaction period deemed to have been relocated for a period of 24 months from the date of the order.

- the ehrald

Tags: Wicknel, ZPC, Court,
 0

You May Like These Videos

Comments

There are no comments.

Latest stories

Chiwenga opens internet but closes social media

by Mandla Ndlovu | 18 January 2019 | 213 Views

Social media 'still blocked in Zimbabwe'

by BBC | 18 January 2019 | 123 Views

Our grandparents need good care

by Thomas Murisa | 18 January 2019 | 70 Views

More MDC leaders arrested

by Mandla Ndlovu | 18 January 2019 | 274 Views

FC Platinum beaten in Tunisia

by Staff reporter | 18 January 2019 | 110 Views

Zimbabwe economy suffered $800m loss

by Staff reporter | 18 January 2019 | 81 Views

Suspected looters denied bail

by Staff reporter | 18 January 2019 | 92 Views

VPN searches in Zimbabwe surge 1,560%

by Staff reporter | 18 January 2019 | 89 Views

Death penalty should be abolished in Zimbabwe

by Joyce Chigiya | 18 January 2019 | 47 Views

Remember the voiceless NSSA pensioners

by Tondo | 18 January 2019 | 57 Views

World Remit fails to pay out cash due to #ZimbabweShutDown

by Staff reporter | 18 January 2019 | 61 Views

PHOTOS: Young lady based in UK gives back to her Zimbabwean community

by Staff reporter | 18 January 2019 | 70 Views

Plot to assasinate Promise Mkwananzi?

by Mandla Ndlovu | 18 January 2019 | 70 Views

Evan Mawarire talks of 'heartbreak'

by BBC | 18 January 2019 | 203 Views

Open letter to Nelson Chamisa

by Peacemaker Zano | 18 January 2019 | 224 Views

New uniform tickles Zambians

by BBC | 18 January 2019 | 120 Views

Rights group petition Switzerland President to ban Mnangagwa

by Mandla Ndlovu | 18 January 2019 | 195 Views

Government Internet Shut Down Justified

by Gift Mashoko | 18 January 2019 | 126 Views

Africa Human Rights Film Festival

by Agencies | 18 January 2019 | 49 Views

The case for the internet shutdown

by Nobleman Runyanga | 18 January 2019 | 120 Views

Bulawayo activist on Chiwenga's alleged hit list skips the border

by Mandla Ndlovu | 18 January 2019 | 227 Views

Kirsty Coventry speaks on resignation

by Mandla Ndlovu | 18 January 2019 | 260 Views

Belarus deal to make Zimbabwe transport logistics hub

by Staff reporter | 18 January 2019 | 135 Views

Govt, civil servants resume talks

by Staff reporter | 18 January 2019 | 137 Views

9 facts, myths about Zimbabwe mayhem

by Tichaona Zindoga | 18 January 2019 | 115 Views

Riots aftermath: Who pays the reconstruction bill?

by Staff reporter | 18 January 2019 | 85 Views

Massive job losses, Bulawayo worst affected

by Staff reporter | 18 January 2019 | 103 Views

Bosso players to undergo medicals

by Staff reporter | 18 January 2019 | 73 Views

Mutsvangwa calls for laws regulating social media

by Staff reporter | 18 January 2019 | 99 Views

New transport fares announced

by Staff reporter | 18 January 2019 | 129 Views

Chamisa told to put national interest first

by Staff reporter | 18 January 2019 | 83 Views

MDC perpetrating violence, violating human rights

by Anesu Pedzisayi | 18 January 2019 | 75 Views

Government orders schools to open

by Staff reporter | 18 January 2019 | 99 Views

Jonathan Maphonjwana Moyo 'kills' wife, daughter, hangs self

by Staff reporter | 18 January 2019 | 112 Views

'Chamisa's MDC liable for stayaway damage'

by Staff reporter | 18 January 2019 | 85 Views

St Faith's sets new A-Level record

by Staff reporter | 18 January 2019 | 103 Views