Nust to lose assets over debt to local contractor

THE National University of Science and Technology (Nust) is set to lose its property, which was attached over a debt of more than US$200 000 accrued over a period of eight years following its failure to pay a local civil engineering company for services rendered.

The university owes Reclon Consulting Engineers US$225 593 including interest. According to court papers filed at the Bulawayo High Court sometime in 2015, Nust was cited as the defendant while Reclon Consulting Engineers (Pvt) Limited is the plaintiff in the matter.

Reclon Consulting Engineers (Pvt) Limited, whose lead consultant was the late Bulawayo architect Godwin Chitima, wanted an order compelling Nust to settle the debt with five percent interest calculated from the date of service of summons to the date of the full and final settlement.

The company through its lawyers Coghlan and Welsh Legal Practitioners said it entered into an agreement for mechanical and electrical engineering services with the institution of higher learning on August 19, 2013.

It said Nust was supposed to pay US$225,593.01 for preliminary design detailed tender drawings and documentation for the student hostels once they were submitted to the institution. The engineering company’s lawyers said when the work was completed on May 9, 2014, Reclon Consulting Engineers (Pvt) Limited invoiced Nust for the services rendered in terms of the agreement.

Nust, in a letter dated October 27, 2014, acknowledged the debt and undertook to settle the amount owed.

The proposed hostels were to be used by delegates during the Zone 6 Youth Games held in Bulawayo in December 2014. The Government did not release the money to Nust as delegates were later moved to Hillside Teachers’ College.

Nust breached the agreement when it failed to pay the money after drawings were done prompting Reclon Consulting Engineers to approach the High Court for remedy.

The High Court ordered the Sheriff of the High Court to carry out the writ of execution following a judgment, which ruled in favour of the company in May 2019.

“You are required and directed to attach and take into execution the movable goods of National University of Science and Technology, along Old Gwanda Road, Bulawayo, the above-named defendant of the same cause to be realised the sum of US$225 593,01 with interest at the prescribed rate of five percent calculated from the 14th day of April 2015 to date of full and final payment and the taxed costs and charges of Reclon Consulting Engineers,” ruled the High Court.

According to the notice of seizure and attachment from the High Court, the Nust property, which has been put on judicial attachment includes a commuter omnibus Nissan registration AGT 6748, Commuter omnibus Nissan Reg ADS 2368, Isuzu bus AAS 1983, Marcopolo Tata Bus Reg AEG 3505, Golden Dragon Bus, Reg AEG 8572 and a Faw lorry Reg number AFS 1181.

The interest has accumulated to US$93 000,00.

The writ of execution was done in August and the university has not done anything to save its property from being auctioned.–-@themkhust