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Fidelis Munyoro
Chief Court Reporter
The urgent application by a Harare-based building contractor to stop his former business partner from selling stands on a disputed piece of land has been struck off the court roll, with the High Court expressing its disquiet over the contractor hiding the fact that another judge had already ruled on the matter.
George Katsimberis and his company Coolfitch Investments had sued former business partner Kenny Sharpe and owner of Pokugara Properties, along with Harare couple Erasmus and Sibusiwe Chindove who bought a residential stand from Pokugara.
Katsimberis also wanted to interdict Pokugara from transferring the property to the couple until the dispute between him and Sharpe was resolved.
The estranged business partners have a large interest in a block of land owned by Pokugara Properties, and the legal combat over that block is still playing out in the High Court with a series of cases involving the two still pending.
On the urgent application, Justice Joseph Mafusire ruled that the relief Katsimberis sought was not urgent and struck the matter off the roll without hearing arguments on the merit.
The judge upheld the preliminary objections raised by Mr Sharpe’s legal counsel who brought to the attention of the judge that the matter was once dealt with by another judge, but was being smuggled back to court disguised as a completely different matter. He ruled that Katsimberis application should thus fail since the matter has been dealt with.
In his ruling, Justice Mafusire said the conduct of Katsimberis deserved censure.
He made a monumental blunder when he omitted material facts surrounding his case, but if this was deliberate then this was the height of misconduct, he said.
“No court can relate to cause of action on the merits when some material facts surrounding it have been concealed from it,” said Justice Mafusire.
“In no way could Katsimberis move the court to deal with the issue of an interdict in these circumstances, when concealed somewhere in his memory box is a whole folder on the judgment of Muzenda J, but which he does not open to share with the court.
“I cannot even begin to emphasise the folly and imprudence of a litigant’s failure to take the court into his or her confidence.”
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