BY HARRIET CHIKANDIWA THE High Court has ordered Delatfin Investments to release earthmoving machines it took from Chitungwiza Municipality after the council had contracted the company to repair the equipment.
The 2007 agreement between the two stipulated that Delatfin would repair the machines and cover the costs with an agreed rental fee.
However, Delatfin overturned the agreement after receiving the council equipment and demanded US$265 640 as costs, contrary to the initial agreement.
In his ruling, Justice Jacob Manzunzu said Delatfin cannot hold back onto Chitungwiza Municipality’s property without instituting proceedings for recovery.
“The defendant be and is hereby ordered to return to the plaintiff forthwith, front-end loader: registration number 511-631, grader champion: Registration number 688-808D, bull dozer D4: Registration number 395-551W, bull dozer D7: Registration number 688-488F and bull dozer Slewa D6,” Justice Manzunzu’s judgment read.
“In the event the defendant fails to comply with this order, the defendant is ordered to pay the plaintiff an equivalent market value of the above equipment as maybe agreed to by the parties, failing which the value shall be assessed by the court upon application by either party.
“In the event that Delatfin fails to comply with the order, is ordered to pay Chitungwiza Municipality an equivalent market value of the stated equipment,” the judgment added.
An audit by Admire Chipunza produced in court gave a detailed account of the agreement.
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An existing memorandum of understanding signed between the two parties on June 27, 2007 was also presented in court.
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