The property wrangle between Pokugara Properties and land developer George Katsimberis took another twist with the latter blocking a deed transfer to Erasmus and Sibusisiwe Chindove who purchased a stand from the land under dispute.
Katsimberis approached the High Court seeking to prohibit the transfer of the deed following a suspected slipshod joint venture between Katsimberis and Pokugara Properties owner Kenneth Raydon Sharpe.
Erasmus and Sibusisiwe Chindove who are cited as 5th and 6th respondents respectively in this matter purchased a stand on 19559 of Harare Township measuring 12623 square metres, from Pokugara Properties (Pvt) Ltd on the 19th of August 2020.
The deed transfer will be the first since the botched joint venture agreement dispute which is before the courts.
In his submissions to the High Court under case number HC6202/20 Katsimberis said the Chindoves’ behaviour shows they are not honest buyers as evidenced by the price paid for the stand.
“The 5th and 6th respondents join first to third Respondents in chorus. Their attitude is disappointing. It is not clear why they want to acquire a property which is subject to a contest before the contest has been resolved. But then they could not have paid for such a valuable property for US$33, 000,00. They are most certainly in on it with the other respondents,” said Katsimberis in his affidavit.
In their heads of argument the Chindoves said they are innocent purchasers who were not aware of the disputes between the other parties.
“The 5th and 6th respondents are innocent purchasers who purchased the stand on 19 August 2020. They were not aware of the disputes between the other parties. In any event the property in question is owned by the 3rd Respondent and the 5th and 6th Respondent purchased from the registered owner of the stand” said the Chindoves.
In his submissions, Sharpe, represented by Simbarashe Kadye said Katsimberis cannot seek an interdict on the basis that he had done so before and his Applications had hit the wall both at the High and Supreme Court, under cause HC 8943/19 and SC800/18 respectively.
Katsimberis refuted claims by Sharpe saying his application under case HC8943/18 was one to stop the destruction of the house that he had built and that part of the interim relief sought as an interdict against the Respondents from selling, disposing of alienating or transferring or dealing with the land.