WALSAM PLUMBERS AND CIVIL CONTRACTORS (PRIVATE) LIMITED
GLAUDINA HOUSING DEVELOPMENT
HIGH COURT OF ZIMBABWE
HARARE, 2, 3 March, 9 August, 6 September 2017,
6 February and 13 June 2018.
B C Madanhi, for plaintiff
I Ndudzo with H Mazarura and K Munyaka, for defendant
TAGU J: The plaintiff issued summons against the defendant claiming payment of US$10 740.52 being the balance due for work already done, US$417 171.26 being damages due to plaintiff by defendant as a result of the cancellation of the agreement, interest at the prescribed rate from the date of summons to date of full and final payment and costs of suit.
The facts were that on 16 February 2010 defendant contracted the plaintiff to do some plumbing work for it. The total cost of the project in terms of the agreement was US$585 507.50 payable in phases as and when each phase was completed, in particular a 30% deposit payable over three months on signing of the agreement, a further 40% was to be paid after laying of all pipes and 50% after water leashing and back filling. The defendant in breach of the agreement only paid a deposit of US$168 336.24 which was less than the 30% agreed to in terms of the agreement leaving behind a balance of US$ 9 108,52 for sewer and water reticulation and a further US$1 632.00 in respect of excavations. After completion of the initial phase the defendant on the 1st of April 2011 unilaterally and without notice cancelled the plumbing and sewer reticulation agreement on allegations of misrepresentation, despite certification from its engineers that the work had been properly done. The defendant further refused to pay the total balance of US$10 740.52 for work already done during the initial stage. As a result of this cancellation the plaintiff claimed that it suffered damages worth US$ 417 171.26 as a result of loss of business being the