Tawana Power Corporation (Pvt) Ltd v The Minister of Lands, Agriculture, Water, Climate and Rural Resettlement and Vice President C.G.D.N. Chiwenga N.O. and Zimbabwe National Water Authority and Procurement Regulatory Authority of Zimbabwe

HH 54-23

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Case Details

Court

Harare High Court

Date

25 January 2023

Citation

HH 54-23

Neutral Citation

[2023] ZWHH 54

Outcome

unknown

Case Type

Application

Bench

Presiding

Chinamora J

Full Bench

Chinamora J

Areas of Law

Contract lawCommercial agreementsGovernment procurement

Keywords

Memorandum of agreementFeasibility studyAutomatic lapseDamages claim

Key Issues

{"issue_text":"Whether the Memorandum of Agreement had automatically lapsed due to the applicant's failure to secure funding for the feasibility study","issue_type":"mixed","dispositive":"yes","related_facts":"Applicant failed to secure funding within six months; Article 5.2 provided for automatic lapse"}
{"issue_text":"Whether the applicant was entitled to damages of US$1,483,550,000.00","issue_type":"law","dispositive":"no","related_facts":"Applicant claimed damages for breach and intellectual property theft"}

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background

Facts of the Case

Background

The applicant sought a declaration that a Memorandum of Agreement for funding a feasibility study of the Kondo and Chitowe dams Multi-Purpose Project was still binding, alternatively claimed US$1.48 billion in damages. The agreement required the applicant to fund a bankable feasibility study within six months, failing which the agreement would automatically lapse. The applicant failed to secure funding within the stipulated period.

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