Mathew Masinge, Court Reporter
Harare businessman John Matukutire has sued construction mogul Masimba Construction Zimbabwe for US$400 000 after the company failed to complete an infrastructural project on his Good Hope stand.
Matukutire has also included City Of Harare as defendants and accuse the local authority of failing to issue the construction company with compliance certificates leading to a number of defects on the project.
According to his papers filled at the High Court, Matukutire is making the claim after having entered into an agreement with Masimba Construction Zimbabwe in September 2017.
The agreement provided that various infrastructural development works were to be done on Lot 6 Good Hope within 90 days.
“The first Defendant (Masimba Construction) commenced work on the 12th of September 2017 upon being paid by the Plaintiff (John Matukutire) and the project was supposed to have been completed on 20th of December 2017.
“The 1st Defendant even undertook to complete the project within 54 of the commencement date,” reads Matukutire’s declaration.
However, despite the spirited efforts by the construction company, it is alleged that work on the site failed to beat time.
“As at August 20, there was a still a lot of rubbles on site, at least 75 percent of the weep holes did not drain, rutting in several parts of the road remain unattended to, cracks on several parts of the road were and are evident…
“The 1st Defendant has failed to rectify the anomalies despite several demands. It chose to remain in mora,” he said.
Now, Mutukutire argues that he was made to suffer grossly in that he had cancelled several other engagements, the poor works on the site caused damages to the project and the capital which he borrowed was misused.
He wants the reimbursement of US$400 000 or equivalent of the prevailing interbank rate within five days of the order being granted.
Masimba Holdings T/A Masimba Construction Zimbabwe is yet to respond.