Harare land developer, George Katsimberis says it is a legal absurdity that he is before the Harare Magistrates court as an accused person and a witness on the same set of facts.
Katsimberis is embroiled in a legal dispute with the Kenneth Raydon Sharpe owned Pokugara Properties following a botched joint venture deal for the construction of cluster homes at the corner of Teviotdale and Whitwell Road.
Speaking during cross examination in the trial of suspended Harare Town Clerk Hosiah Chisango, Katsimberis said it was irrational that he is a witness and an accused person under the same set of facts.
Chisango is facing charges of criminal abuse of office and perjury emanating from an affidavit he deposed under oath at the High Court.
According to the State led by Zivanai Macharaga, sometime in 2018 at the High Court of Zimbabwe Civil Division, Harare, Chisango, in his own capacity and representing City of Harare filed a false written statement in case HC 8943/18 and lied in that affidavit that there was no payment that was made to the 2nd accused person (Harare City Council) for approval of building plans which were attached to one land developer Georgios Katsimberis’ founding affidavit when in fact a payment of US$3,707 had been processed.
He is represented by Alec Muchadehama of Mbidzo, Muchadehama and Makoni legal practitioners.
Responding to Muchadehama’s question on why he was a witness and an accused in a matter involving members from the City of Harare, Katsimberis said he has since referred his matter to the Constitutional Court.
“It is a legal absurdity that I am an accused person and a witness in a matter under the same set of facts. I have since applied for referral to the Constitutional Court,” said Katsimberis
According to court papers in possession of 263Chat, in 2018, Katsimberis reported a case of malicious damage to property after his then business partner Sharpe connived with City of Harare officials to destroy a show house he had built at Pokugara Estate which is located in Borrowdale.
This was despite the fact that Katsimberis had all the architectural designs approved by the City of Harare.
Sharpe and is accomplices went on to lie under oath when they submitted affidavits to the High Court to the effect that Katsimberis did not have approved plans for the show house.
This resulted in Katsimberis reporting them for perjury, the matter is still pending at the Harare Magistrates Court.
In a bid to confuse the courts, in June 2020, Sharpe went and reported Katsimberis to the police for fraud alleging that he “fraudulently misrepresented to Pokugara Properties that he had approved architectural plans, when in fact he did not.”
