News / National
Businessman acquitted
19 May 2022 at 06:34hrs | Views
A COURT has ruled that a case in which a Bulawayo mechanic is accused of driving a client's vehicle without authorisation is a civil matter that cannot be tried in a criminal court.
The case which initially kicked off in 2020 was finally concluded last week by Bulawayo magistrate Mr Shepherd Munjanja, who directed that Mr Tinashe Collen Nhananga's grievance against Mr Garikai Matanhire should be directed to the civil court.
Mr Matanhire who runs BMW Centre in Bulawayo initially appeared in court on 14 October 2020, when he was accused of driving Mr Nhananga's vehicle, without consent.
Mr Nhananga was reported then to be the managing director of CAG Travellers.
It was the State's case then, that on 18 September 2020 at Number 5 Iron Bridge Road in Belmont, Mr Matanhire and Mr Nhananga had an agreement that he would repair the latter's BMW 320 model at his workshop at a cost of US$600.
It was then alleged that Mr Matanhire fuelled the vehicle in question at Mr Nhananga's workshop and drove it to his garage without consent.
"The accused person went on to unlawfully take the complainant's vehicle and drove it to his garage at BMW Centre along Bristol Road without consulting or getting consent from the complainant. He breached the contract on which they had agreed with the intention to temporarily deprive the complainant of his car. He held onto the vehicle arguing that he would only release it when the complainant had fully paid the money that they had agreed on. Up to now the accused person is still keeping the complainant's property at his garage," read court records.
However, the two year-long case was finally put to rest, after Mr Munjanja found no compelling reasons to indict Mr Matanhire, and concluded the case was civil.
The case which initially kicked off in 2020 was finally concluded last week by Bulawayo magistrate Mr Shepherd Munjanja, who directed that Mr Tinashe Collen Nhananga's grievance against Mr Garikai Matanhire should be directed to the civil court.
Mr Matanhire who runs BMW Centre in Bulawayo initially appeared in court on 14 October 2020, when he was accused of driving Mr Nhananga's vehicle, without consent.
Mr Nhananga was reported then to be the managing director of CAG Travellers.
It was the State's case then, that on 18 September 2020 at Number 5 Iron Bridge Road in Belmont, Mr Matanhire and Mr Nhananga had an agreement that he would repair the latter's BMW 320 model at his workshop at a cost of US$600.
It was then alleged that Mr Matanhire fuelled the vehicle in question at Mr Nhananga's workshop and drove it to his garage without consent.
"The accused person went on to unlawfully take the complainant's vehicle and drove it to his garage at BMW Centre along Bristol Road without consulting or getting consent from the complainant. He breached the contract on which they had agreed with the intention to temporarily deprive the complainant of his car. He held onto the vehicle arguing that he would only release it when the complainant had fully paid the money that they had agreed on. Up to now the accused person is still keeping the complainant's property at his garage," read court records.
However, the two year-long case was finally put to rest, after Mr Munjanja found no compelling reasons to indict Mr Matanhire, and concluded the case was civil.
Source - The Chronicle
