×
NewsDay

AMH is an independent media house free from political ties or outside influence. We have four newspapers: The Zimbabwe Independent, a business weekly published every Friday, The Standard, a weekly published every Sunday, and Southern and NewsDay, our daily newspapers. Each has an online edition.

Katsimberis seeks permanent stay of prosecution in fraud case

News
The developer had bee denying the offence saying all payments were done for the approval of the plan.

By Desmond Chingarande Property developer George Katsimberis who is being accused of duping Pokugara Properties (Pvt) Limited of close to USS$1 million in a joint venture to build cluster houses in Harare’s Borrowdale suburb has approached the High Court for permanently stay of the proceedings.

Katsimberis is accused of constructing a show house without approved building plans after he allegedly fraudulently acquired them through a council employee who was later fired by the City of Harare.

The developer had bee denying the offence saying all payments were done for the approval of the plan.

After the discovery that the showroom was build without approval documents, City of Harare demolished the structure.

After the destruction of the show house Katsimberis reported Pokugara Properties and City of Harare officials for perjury and malicious damage to property where he is a witness.

In this application, Katsimberis approached the High Court seeking permanent stay of his proceedings at a time his property was attached over costs he owes to Pokugara Properties.

High Court judge Justice Siyabona Musithu yesterday, reserved his judgement on the matter after prosecutor Michael Reza submitted that if the order requested would be stayed, the state would want all the matters between the two parties at the lower courts to be stayed.

“It is ordered that proceedings in the lower court pertaining to a matter where the applicant (Katsimberis) is the accused be stayed pending judgement on this court to be made on 12 September. Judgement on the application is reserved,” said Musithu.

Appearing for the State, Reza said it was worrying to note that Katsimberis had many applications for stay of proceedings were pending before the high court.

“There are two applications for review being handled by Tendai Biti and one was struck off on grounds it was improperly before the court,” Reza said.

He also mentioned other cases before Justices Owen Tagu and Gladys and also Justice Slyvia Chirau Mugomba.

“In the lower court the applicant made an application for referral to the Constitutional Court and the appellant said his rights had been infringed. The application was dismissed by the lower courts. He should have approached the Constitutional Court directly after his application was dismissed but that was not done. What they have done instead is to come to this court seeking permanent stay which is improper.

“The trial is continuing tomorrow and we want to make an application for referral to Concourt so we pray that the application be dismissed,” Reza submitted.

“My Lord the State has no problem with this but we suggest that the perjury and malicious damage to property should also be stayed at the same time.”

Recently High Court judge, Justice Jacob Manzunzu ordered Katsimberis to pay Kenneth Raydon Sharpe costs for wasted time in the same case.

He was seeking an interdict in the ownership wrangle but the case failed to kick off at Katsimberis’ instance.

After the matter failed to kick off Justice Manzunzu postponed the matter but said Katsimberis should pay all the respondents on a legal practitioner and client scale.

Katsimberis property is to be attached to recover US$15 000 in legal fees and other expenses incurred in defending two civil cases.