News / National
Bindura University loses suit against Amtec
12 Dec 2024 at 07:01hrs | Views
Bindura University of Science Education (BUSE) has lost a lawsuit against Amtec Motors after the company failed to deliver a Nissan Urvan NV350 diesel minibus despite receiving US$65,000 from the university.
The case, which was filed before Justice Christopher Dube-Banda, saw BUSE seeking an order to compel Amtec Motors to deliver the vehicle as stipulated in their agreement. According to BUSE, Amtec was required to deliver the minibus within four to six weeks after receiving an initial payment of US$63,000.
In the course of negotiations, BUSE requested an upgrade to the vehicle, asking for air conditioning to be included in the package, which led to a revision of the purchase price to US$65,000. The minibus was originally scheduled for delivery on October 1, 2018. However, the vehicle was never delivered, prompting the university to take legal action.
In its defense, Amtec Motors argued that the original contract was terminated when both parties negotiated a new agreement for a different vehicle with revised specifications, for the same price of US$65,000. Amtec claimed that the new agreement, which was not signed by both parties in accordance with tender procedures, had rendered the original contract void.
Amtec also stated that it had reimbursed BUSE the full amount of US$65,000, asserting that the initial contract was terminated on September 28, 2018, due to the passage of time, as outlined in Clause 14 of the agreement.
However, BUSE disputed that a new sale agreement had been made, claiming that the terms of the original agreement had merely been varied. Despite this, BUSE acknowledged receiving the full reimbursement of US$65,000 from Amtec.
In his ruling, Justice Dube-Banda dismissed BUSE's claim, stating that granting the order would unjustly enrich the university. "The plaintiff (BUSE) will be unjustly enriched if the order sought is granted. This will bring about a manifest unjust result and grave injustice," the judge ruled.
As a result, the case was dismissed with costs awarded to Amtec Motors.
The case, which was filed before Justice Christopher Dube-Banda, saw BUSE seeking an order to compel Amtec Motors to deliver the vehicle as stipulated in their agreement. According to BUSE, Amtec was required to deliver the minibus within four to six weeks after receiving an initial payment of US$63,000.
In the course of negotiations, BUSE requested an upgrade to the vehicle, asking for air conditioning to be included in the package, which led to a revision of the purchase price to US$65,000. The minibus was originally scheduled for delivery on October 1, 2018. However, the vehicle was never delivered, prompting the university to take legal action.
In its defense, Amtec Motors argued that the original contract was terminated when both parties negotiated a new agreement for a different vehicle with revised specifications, for the same price of US$65,000. Amtec claimed that the new agreement, which was not signed by both parties in accordance with tender procedures, had rendered the original contract void.
However, BUSE disputed that a new sale agreement had been made, claiming that the terms of the original agreement had merely been varied. Despite this, BUSE acknowledged receiving the full reimbursement of US$65,000 from Amtec.
In his ruling, Justice Dube-Banda dismissed BUSE's claim, stating that granting the order would unjustly enrich the university. "The plaintiff (BUSE) will be unjustly enriched if the order sought is granted. This will bring about a manifest unjust result and grave injustice," the judge ruled.
As a result, the case was dismissed with costs awarded to Amtec Motors.
Source - newsday
