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Supreme Court
Zimbabwe Power Company (Private) Limited v Intratrek Zimbabwe (Private) Limited
SC 39/21
Case Details
Court
Supreme Court
Date
10 May 2021
Citation
SC 39/21
Neutral Citation
[2021] ZWSC 39
Outcome
unknown
Case Type
Appeal
Bench
Presiding
GWAUNZA DCJ
Author
BHUNU JA
Full Bench
GWAUNZA DCJBHUNU JABERE JA
Areas of Law
Contract LawCivil Procedure
Keywords
Conditions PrecedentSpecific PerformanceMaterial Dispute of FactApplication ProceedingsTermination of Contract
Tags
Contract LawConstructionEnergy
legislation
Statutes Cited
- Not applicable - the case deals with common law procedural rules and contractual interpretation
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the High Court erred in holding there were no material disputes of fact and that the case could proceed under application procedure","issue_type":"procedural","dispositive":"yes","related_facts":"The existence of multiple disputed factual allegations regarding responsibility for breach, contract expiry, waiver, and non-disclosure"}
- {"issue_text":"Whether the respondent used the wrong procedure in approaching the court by application instead of summons","issue_type":"procedural","dispositive":"yes","related_facts":"The presence of intractable material disputes of fact that required viva voce evidence"}
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background
Facts of the Case
Background
The parties entered into an engineering, procurement and construction contract for a solar power plant in Gwanda. The contract contained conditions precedent that had to be satisfied within 24 months, extendable by 6 months. The respondent failed to satisfy the conditions precedent within the extended period. The appellant terminated the contract, prompting the respondent to seek declaratory relief and specific performance in the High Court through application proceedings.
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