Harare magistrate Apolonia Marutya has heard that Harare businessman James Landon, who is suing fellow businessman Ronald Nyandoro for theft of trust property, approached the latter five minutes before trial commencement to negotiate an out-of-court settlement to avoid embarrassment.
Nyandoro's lawyer Admire Rubaya raised the issue while cross-examining Landon on Wednesday, asking why he attempted to resolve the dispute outside the court if his client was a thief as alleged.
Landon has taken Nyandoro to court accusing him of stealing a Toyota Landcruiser from him. Nyandoro claims that the complainant voluntarily gave him the vehicle after failing to raise the fee for consultancy services rendered.
Rubaya told the court that Landon handed over the vehicle to Nyandoro at Me Logan's house but the complainant insisted that the transaction was done at his house in Borrowdale Brooke, Harare.
The lawyer accused Landon of abusing the criminal justice system by filing a theft of trust property report against Nyandoro yet he had voluntarily offered the car after failing to pay his consultation fees.
Landon alleges the vehicle, a Toyota Landcruiser AET 3438, was supposed to be returned to him after some time.
But Nyandoro through Rubaya denied the allegations that he was entrusted with the alleged motor vehicle for temporary use.
Instead, Nyandoro told the court that there was no trust agreement as alleged by Landon.
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He added that he got the car as payment for services rendered at a time when Landon was locked in a dispute with another businessman Adam Woodington which resulted in the complainant being arrested.
The trial was deferred to March 13 when the second State witness is expected to testify.