Online Reporter
Fidelis Munyoro
Chief Court Reporter
Mutare High Court has ordered Total Zimbabwe (Private) Limited to refund Nashcrystal Motors (Private) Limited US$80 000 following a collapsed property sale agreement.
However, the court dismissed Nashcrystal Motors’ claims for damages and improvements to the property, but instead granted Drawcard Enterprises (Private) Limited the right to evict Nashcrystal Motors from the premises at Number 17 Aerodrome Road, Mutare.
Presiding over the matter, Justice Isaac Muzenda ruled the refund was due without interest.
“First defendant must refund to the plaintiff the US$80 000 paid to it and held by its lawyers,” said the judge, noting that Nashcrystal Motors had forfeited the right to claim interest by rejecting the refund when it was initially offered.
The dispute originated in 2009 when Nashcrystal Motors failed to meet the payment deadline for the purchase of the property. The agreement was subsequently cancelled, and the property was later acquired by Drawcard Enterprises, which obtained title deeds in 2017.
Nashcrystal Motors filed claims for US$100 000 in damages and US$43 667 for improvements to the property after the business arrangement collapsed.
But Justice Muzenda dismissed the damages claim, stating, “Plaintiff authored the breach and cannot seek to benefit from its own failure.”
The court found no evidence to support the figure claimed, emphasising the lack of documentation or expert testimony to validate the amount.
Similarly, the claim for improvements was rejected due to insufficient proof of expenses and their impact on the property’s value.
Justice Muzenda highlighted that Nashcrystal Motors had occupied the property rent-free since 2009, further undermining its case.
Granting Drawcard Enterprises’ counterclaim, the court ordered Nashcrystal Motors to vacate the premises and pay the costs.
“Third defendant acquired the property and paid cash for it. It is entitled to free entry and operation of its business,” ruled Justice Muzenda.
