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Zimbabwe High court orders completion of Gwanda solar project
 
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Thu, 20 Jun 2019   ||   Zimbabwe,
 

Zimbabwe Power Company (ZPC) and Intratrek Zimbabwe, have been ordered by the country’s High Court  to engage and map the way forward regarding completion of the Gwanda solar power project, after granting the latter leave to execute the court's earlier judgment declaring the contract between the parties valid.

Intratrek had applied for leave to execute High Court judge, Justice Tawanda Chitapi's December 2018 ruling, pending appeal, over a contractual dispute regarding the Gwanda solar project, which was delivered in favour of Intratrek.

However, ZPC is contesting the judgment at the Supreme Court.

ZPC had purportedly cancelled the contract for the 100 megawatts solar project citing breach of contract, alleging Intratrek had not performed as agreed despite receiving payment without availing a bank guarantee as agreed.

In the latest appeal, Intratrek prayed for an order of specific performance saying the State power utility had frustrated the contract after causing the arrest of its director, Wicknell Chivayo, on trumped up criminal charges.

While ZPC denied causing the arrest of Chivayo, Justice Chitapi said records of allegations in the criminal case showed ZPC's managing director was the complainant and as such, "an appeal court by an imagination cannot find otherwise".

It also averred that it had faced challenges securing project finance from China due to legacy debts of the Zimbabwe

Government, which was the project guarantor, hence on its part had fictionally fulfilled its obligations.

 

 

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