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Parliamentarians touring the Zimbabwe Diamond Technology Centre while it was still under construction.

Fidelis Munyoro Chief Court Reporter
NINE companies have taken the Zimbabwe Diamond Technology Centre to court demanding nearly US$5 million for services rendered during the construction of the state-of-the-art centre two years ago.The companies provided construction, architectural, consultancy, structural engineering, quantity surveying, mechanical and electrical engineering, civil engineering, transport, among other services, during the construction of the centre.

Kenmark Builders, Studio Arts Incorporate, Muza Noel Consulting Engineers, Craftview Consultancy, Vanguard Engineering Services, Ncube Burrow (Pvt) Ltd, Producan Investment Astra Steel and Engineering Supply (Pvt) Ltd and Pherosteel (Pvt) Ltd are cited as applicants in the claim filed at the High Court.

They all argued that they rendered various services to the Zimbabwe Diamond Technology Centre in terms of agreements signed between them and the diamond company in January 2010.

According to the claim, it was agreed between the companies and the diamond centre that they would charge interest on the amount owed after a period of 30 days from the individual invoices at a minimum bank lending rate of plus 2 percent per annum.

But the diamond centre allegedly refused to honour its obligation despite several demands by each of the companies.

The companies teamed up and engaged Mr Jonas Dondo of Dondo and Partners to sue the diamond centre.

When the case was brought for hearing before Justice Mary Dube last week, the centre, which was being represented by Mr Tinashe Tanyanyiwa of Manase and Manase applied for an exception.

Mr Tanyanyiwa argued that there was no basis for the claimants to bring a class action, saying each individual company had to bring a separate action.

He argued that the only case where parties could join to proceedings was where the parties were joint owners or joint contractors and partners.

But Mr Dondo argued that the companies’ application for exception was belated after the ZDTC filed its plea to the claim.

He said there was nothing amiss in joining all the companies in the summons and the diamond centre’s contention was misplaced.

After hearing arguments from both lawyers, Justice Dube dismissed the application for exception and ordered the trial to proceed.

But Mr Tanyanyiwa sought a postponement of the trial, saying they now want to engage an advocate to defend the claim, which was granted by Justice Dube.