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Harare High Court
ZIMBABWE ELECTRICITY TRANSIMISSION AND DISTRIBUTION COMPANY (PVT) LTD v ZVISHAVANE TOWN COUNCIL
HH 706-18
Case Details
Court
Harare High Court
Date
31 October 2018
Citation
HH 706-18
Neutral Citation
[2018] ZWHH 706
Outcome
unknown
Case Type
Trial
Bench
Presiding
MATHONSI J
Full Bench
MATHONSI J
Areas of Law
Administrative LawContract LawStatutory Interpretation
Keywords
way leave chargesprescriptionultra vireselectricity distributionlocal authority by-laws
Tags
electricitylocal governmentprescriptionway leave chargesultra vires
legislation
Statutes Cited
- Prescription Act
- Electricity Act
- Constitution of Zimbabwe
- Urban Councils Act
- Value Added Tax Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the defendant's claim for way leave charges has prescribed","issue_type":"law","dispositive":"yes","related_facts":"Way leave charges arose in 2011; counterclaim served 19 August 2016; 3-year vs 30-year prescription period"}
- {"issue_text":"Whether the defendant's by-laws authorizing way leave charges are valid","issue_type":"law","dispositive":"yes","related_facts":"By-laws issued under Urban Councils Act; plaintiff claims ultra vires Electricity Act"}
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background
Facts of the Case
Background
The plaintiff, Zimbabwe Electricity Transmission and Distribution Company, sued the defendant, Zvishavane Town Council, for $4,646,348.60 for electricity supplied. The defendant admitted the debt but counterclaimed for $10,664,567.50 in rates, service charges, and way leave charges, claiming set-off. The plaintiff challenged the validity of way leave charges and raised prescription as a defence to part of the counterclaim.
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