BINDURA University of Science Education (BUSE) has lost a lawsuit against Amtec Motors for failure to deliver a vehicle despite receiving US$65 000 for the deal.
In an application filed before Justice Christopher Dube-Banda, BUSE had sought an order to compel Amtec Motors to deliver a Nissan Urvan NV350 diesel minibus.
According to BUSE, Amtec was supposed deliver the vehicle within four to six weeks of receiving the US$63 000 payment.
BUSE later pleaded with Amtec Motors to vary the terms of the agreement by including air conditioning in the package and varying upwards the purchase price to US$65 000.
The vehicle was supposed to be delivered on October 1, 2018.
According to court papers, Amtec did not deliver the vehicle, prompting BUSE to sue.
Amtec, in defence, said the contract was terminated when the parties negotiated another contract for the sale and purchase of a different vehicle with different specifications for the price of US$65 000.
The new agreement was allegedly not signed by the parties as required under tender procedures.
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Amtec submitted that it reimbursed the full amount to BUSE.
Amtec further submitted that the initial agreement was terminated on September 28, 2018 by effluxion as provided for in clause 14 of the agreement.
BUSE, however, disputed that the parties negotiated a new agreement of sale saying they merely varied the terms of an existing agreement.
However, BUSE admitted that it was reimbursed US$65 000.
In his ruling, Justice Dube-Banda dismissed BUSE’s claim.
“The plaintiff will be unjustly enriched if the order sought is granted. This will bring about a manifest unjust result and grave injustice. It is for these reasons that this case must fail.
“The plaintiff (BUSE)’s case be and is hereby dismissed with costs of suit,” Justice Dube-Banda ruled.
