Published: 2 hours ago

A protracted 15-year legal battle over ownership of a Mutare service station has finally been resolved, with the High Court ordering Nashcrystal Motors to vacate the property and accept an US$80,000 refund.

Justice Muzenda dismissed Nashcrystal's claims against Total Zimbabwe and Drawcard Enterprises, ruling that the company had bungled its own 2009 property deal. The court directed that the US$80,000 initially paid be refunded by the first defendant, but denied Nashcrystal's demand for interest, saying it had forfeited that right by stubbornly rejecting the refund for years.

The company's attempt to claim US$100,000 in damages was branded "fantasy" by the judge, who said Nashcrystal could not profit from a breach of its own making. Its US$43,667 claim for alleged improvements also collapsed, with the court accusing Nashcrystal of unjust enrichment after occupying the property rent-free for more than a decade.

"For more than 15 years plaintiff is the one who should be sued for unjustified enrichment," Justice Muzenda said. "Besides the failure by the plaintiff to prove the amount of US$43,667, it has no moral basis to claim this amount."

The court sided with Drawcard Enterprises, recognised as the rightful owner since 2009. Justice Muzenda noted that the company had endured years of frustration: "Third defendant invested its capital to make profit and not to literally camp at the courts for 15 years fighting for ownership."

Nashcrystal and all those associated with it must now vacate No. 17 Aerodrome Road, Mutare, and pay costs.

In his closing remarks, Justice Muzenda issued a broader warning, stressing that prolonged civil disputes harm national development: "The impacts of prolonged civil suits on the economy are but disastrous and huge and a country cannot develop."
- NewZimbabwe

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