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Harare High Court

Intratrek Zimbabwe Private Limited v Zimbabwe Power Company Private Limited

HH 818-18

Case Details

Court
Harare High Court
Date
13 December 2018
Citation
HH 818-18
Neutral Citation
[2018] ZWHH 818
Outcome
unknown
Case Type
Application

Bench

Presiding
Chitapi J
Full Bench
Chitapi J
Areas of Law
Contract LawCommercial LawEnergy Law
Keywords
EPC ContractConditions PrecedentSpecific PerformanceContract TerminationFictional Fulfillment
Tags
Contract LawSpecific PerformanceProcurement ContractsSolar Energy Projects
legislation
Statutes Cited
  • Companies Act
  • Environmental Management Act
  • Constitution of Zimbabwe 2013
  • Constitution of Zimbabwe 2013
  • Constitution of Zimbabwe 2013
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the procurement contract remains valid and binding","issue_type":"mixed","dispositive":"yes","related_facts":"Contract signing, addendum execution, attempted termination"}
  • {"issue_text":"Whether specific performance should be granted","issue_type":"law","dispositive":"yes","related_facts":"Contract validity, parties' obligations"}
  • {"issue_text":"Whether conditions precedent were waived or fictionally fulfilled","issue_type":"law","dispositive":"no","related_facts":"Pre-commencement works, addendum, extension letter"}
This summary was generated by AI. Use Zalari to read the full judgment.
background
Facts of the Case

Background

The parties entered into a procurement contract for construction of a 100MW solar power station. Disputes arose regarding satisfaction of conditions precedent, contract termination, and payment to subcontractors. The applicant sought declaration of contract validity and specific performance.
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