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Fidelis Munyoro Chief Court Reporter
An attempt by a local private company to sue Zesa Holdings subsidiary, Zimbabwe Electricity Transmission and Distribution Company, for $11 million over alleged breach of contract failed in the High Court last week. Sixth Century had sued ZETDC in 2012 claiming $11 million damages for breach of contract entered for the construction of the three sub-stations in Harare.

But ZEDTC emerged victorious after Justice November Mtshiya on Wednesday, upheld its application for absolution from the instance.

Absolution from the instance is application based on the grounds that a plaintiff’s case is hopelessly weak and not worth the while to place a defendant on his defence at trial. ZETDC was the defendant while Sixth Century was listed as the applicant in the matter.

Advocate Thabani Mpofu instructed by Mr Vote Muza of Muza and Nyapadi law firm, argued the matter for ZETDC.

Initially Mr Kelvin Musimwa of Musimwa and Associates appeared for Sixth Century, but renounced agency at the last minute.

The lawyer’s conduct raised the ire of Justice Mtshiya who questioned Mr Musimwa’s deportment of deserting his client without giving reasonable notice of his intention to renounce agency.

Sixth Century took ZETDC claiming it breached a contract entered for the construction of the three 33/11Kv sub-stations in the Harare suburbs of Luna, Glen Norah and Mufakose.

But in his application for absolution from the instance, Adv Mpofu moved for the withdrawal of the Sixth Century claim.

He told Justice Mtshiya that evidence in the dispute showed that the procuring entity in the matter was Zimbabwe Electricity Supply Authority before it was unbundled.

Sixth Century’s witness that was brought to testify in the civil suit hearing when it started conceded in answering a question posed by Justice Mtshiya that the old Zesa and ZETDC were distinct and separate entities.