admin
Prosper Dembedza
Herald Correspondent
Katsimberis committed an act of fraud by using a fraudulent plan to build a showroom in Borrowdale which was then demolished at the instigation of the City of Harare, the court heard today.
This was revealed in the matter in which Zvenyika Chawatama, Mandla Marlone Ndebele, Samuel Nyabezi, Lasten Taonezvi and Pokugara Properties former managing director Michael Van Blerk, who are being represented by Charles Kwaramba and advocate Tawanda Zhuwarara are facing malicious damage to property charges.
During cross examination Mr Kwaramba said there was nothing before the court which shows that the plan which was used by Katsimberis was not endorsed by the City of Harare.
Mr Kwaramba told Katsimberis that Pokugara Properties has a case against him in which he is accused of fraud and he admitted.
He also put it to Katsimberis that Mr Roy Nyabvure who fraudulently signed his plan was dismissed from City of Harare due to fraudulent activities.
The matter was deferred to September 19 for continuation by Harare magistrate Mrs Faresi Chakanyuka.
The city bosses on Monday told the court that Katsimberis built the showroom without an approved plan therefore its demolition was lawful.
They also insisted that they had lawful and legal authority to instruct the demolition.
George Katsimberis claimed that the accused persons destroyed a model house he built in Borrowdale after signing a joint venture agreement with Pokugara Properties to build cluster houses.
The City of Harare had argued that the building was built without an approved plan and also the material used were not recommended by the local authority.
Katsimberis, however said he obtained the permit and approved plans from the City of Harare on behalf of Pokugara Properties despite the local authority denying the existence of the permit.
During cross examination by advocate Zhuwarara, Katsimberis admitted that the High Court and the Supreme Court dealt with the matter where it was dismissed.
“Would you like to advise this court that you filed an urgent chamber application in relation to this issue and Justice Muzenda made a ruling that the structure was illegal saying City of Harare could lawfully order it’s destruction?” Advocate Zhuwarara asked.
Katsimberis denied saying the High Court did not issue that order.
Katsimberis was told by Advocate Zhuwarara that the Justice Muzenda judgement dated October 15, 2018 was existing.
Katsimberis then admitted to the existence of that judgement but said it was given without consideration of some facts he submitted.
Zhuwarara asked Katsimberis if he remembers the judge calling his structure illegal but he denied.
The court heard that Justice Muzenda dismissed Katsimberis application to stop the demolition of his showroom and he appealed the decision at the Supreme Court where it was again dismissed.
“You were aggrieved by Justice Muzenda’s findings regarding to the legality of the structure that was demolished?” Advocate Zhuwarara asked, to which Katsimberi replied “Yes.”
Advocate Zhuwarara further asked: “Is it correct that you approached the Supreme Court asking to set aside the whole determination by Justice Muzenda Muzenda?”
“Correct,” Katsimberis answered.
Advocate Zhuwarara told Katsimberis that his appeal to the Supreme Court was dismissed in favour of the City of Harare which had issued the demolition order.
But Katsimberis said it was dismissed as a matter of urgency not merits.
Katsimberis said the City of Harare offered a suggestion that the house could be demolished saying it was not an order.
Online Reporter