By Court Reporter
HARARE – The trial of Harare land developer George Katsimberis who is accused of defrauding Pokugara Properties has been postponed to next month due to the unavailability of trial Magistrate Letwin Rwodzi.
Katsimberis is embroiled in a legal battle with Pokugara Properties following a botched land deal with the company’s principal Kenneth Raydon Sharpe.
Through his lawyer Tendai Biti, Katsimberis has filed an application at the High Court seeking review of a judgment made by Rwodzi on June 15 2021 in which he was seeking for referral of the case to the Constitutional Court.
He was contesting that he cannot be both an accused and a witness under the same set of facts. He is a witness in a case that is involving Pokugara Properties and the State.
In the application at the High Court in which Magistrate Rwodzi is cited as 1st Respondent and the State as 2nd Respondent, Katsimberis says the ruling failed to protect his constitutional right as defined by the supreme law.
“This is an application for review I bring against the decision of the 1st respondent made on Tuesday 15th of June 2021 in Court No. 20 at the Harare Magistrates Court. The Application for review is made in terms of 14 of the High Court Act read together with Order 33 of the Esteemed Rules of the Magistrate Court.
“The grounds of review are as follows; the 1st respondent’s judgement handed down and read out on the 15th of June 2021 pertaining to the Applicant’s application to refer his matter to the Constitutional Court in terms of Section 175 (4) of the Constitution was,
“Grossly unreasonable such that no reasonable person properly applying her mind would have arrived at the same. So irrational and not supported by the evidence and the law provide before him. Grossly illegal that it failed to appreciate the importance of the Applicant’s constitutional right in section 56(1) and 69 of the Constitution of Zimbabwe” read the application
Katsimberis reported suspended City of Harare Town Clerk Hosiah Chisango, Engineer Isaiah Chawatama as well as Pokugara Properties and its owner Kenneth Raydon Sharpe, Michael John Van Blerk among others for malicious damage to property after they destroyed a show house that he had constructed under the botched joint venture with Sharpe.
He also reported Pokugara Properties, Van Blerk and Chisango for perjury and both cases are before the courts.
Surprisingly, in August 2019, three months after the perjury and malicious damage to property cases had commenced at the Harare Magistrates court, Katsimberis was summoned to appear before the Harare Magistrate Court facing charges of fraud.
Allegations are that he had furnished Pokugara Properties with unapproved architectural plans despite confirmation from the City of Harare that the stamps of approval on the plans were authentic.
By Court Reporter