The former Zanu PF politburo member and former Cabinet minister died on August 24, 2013
According to the High Court, the applicant was SG Musoni Consulting Engineers (Plaintiff) while the respondents were the former Buhera Senator’s struggling Lunar Estates and Divine Aid Trust Company.
Lunar Estates, which had partnered with an investor Divine Aid Trust Company, failed to pay the consulting engineers after making use of their civil engineering designs in their project.
The court heard that sometime in 2012 the defendant, Lunar Estates together with Divine Aid Trust Company, agreed to contract engineers to come up with civil engineering designs for water reticulation, roads and storm water drainage for the development of Lunar Estates into residential stands.
Later in 2013, Musoni Consulting Engineers were engaged by the defendant to create the designs wanted for the project.
“The designs were completed and submitted for approval by Zvimba Rural District Council and they were approved. Plaintiff then issued an invoice of $405 000 for the professional services rendered, but the defendant refused to pay the said professional fees due and payable,” said Musoni Consulting Engineers.
It also emerged that earlier on this year, Lunar Estate and the investor had a dispute which was referred for arbitration where Divine Trust Company offered to take over the project from Lunar Estates and settle the debt.
However, the arbitrator, one Chinhengo, gave full control of the project to Lunar Estates, which assumed the obligation to pay all the liabilities incurred by Divine Trust Company to the engineers.
After Lunar Estate took over the project, Musoni Engineers have been taking orders from Lunar Estate to carry out inspections at the same project, but surprisingly they have not been paid up to now.
“Lunar Estate is now proceeding with development work and selling stands using engineering approved drawings done by plaintiff without paying for the work done,” said Musoni Engineers.
Plaintiff complained that it can only be just, fair and equitable if Lunar Estate is ordered to pay the agreed professional fees due. Daily News.