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Harare High Court
Intratrek Zimbabwe (Private) Limited v Zimbabwe Power Company (Private) Limited
HH 13-23
Case Details
Court
Harare High Court
Date
11 January 2023
Citation
HH 13-23
Neutral Citation
[2023] ZWHH 13
Outcome
unknown
Case Type
Trial
Bench
Presiding
MUSITHU J
Full Bench
MUSITHU J
Areas of Law
Contract LawCommercial LawEnergy Law
Keywords
EPC ContractConditions PrecedentSpecific PerformanceFictional FulfillmentSolar Power ProjectBreach of ContractDamages
Tags
EPC ContractSolar EnergyBreach of ContractSpecific PerformanceConditions Precedent
legislation
Statutes Cited
- Public Finance Management Act
- Finance (No.2) Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Is the EPC contract valid and binding on the parties?","issue_type":"mixed","dispositive":"yes","related_facts":"Contract signing, addendum execution, conditions precedent, alleged termination"}
- {"issue_text":"Did the plaintiff suffer damages and what is the quantum?","issue_type":"mixed","dispositive":"no","related_facts":"Alleged breach, expenses incurred, loss of profit"}
- {"issue_text":"Was the contract induced by misrepresentation?","issue_type":"law","dispositive":"no","related_facts":"Pre-contractual representations, due diligence exercise"}
- {"issue_text":"Did the defendant suffer damages from advance payment for pre-commencement works?","issue_type":"mixed","dispositive":"no","related_facts":"Advance payment, value of works completed"}
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background
Facts of the Case
Background
The plaintiff and defendant entered into an EPC contract for construction of a 100MW solar power station. Disputes arose regarding fulfillment of conditions precedent, payment for pre-commencement works, and alleged breach by defendant. Plaintiff sought declaration of contract validity and specific performance, alternatively damages for repudiatory breach.
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