The High Court has dismissed an application by Harare land developer George Katsimberis who was seeking to bar Pokugara Properties from selling residential stands in Borrowdale.
Through his lawyer Tendai Biti, Katsimberis filed an urgent chamber application seeking an interdict against businessman Kenneth Sharpe and Pokugara Properties from selling residential stand from a subdivisions property since it is under dispute and it’s before the Courts.
In his ruling High Court Judge Justice Jacob Manzunzu said Kastimberis had argued the matter as if it was an appeal of a previous ruling on the matter by the same court.
“It is clear from the above pronouncements in the judgment that the court made certain findings. Such findings unless upset by the Supreme Court are issue estoppel. The applicant has argued this matter as if it were appeal proceedings. A lot was said about how the court erred in that judgment. I will not bother to go into the details of such argument. This is simply because the court cannot sit as an appeal or review court over its own judgment.
“I uphold the respondents’ point in limine that this matter is issue estoppel. The position stands even inhere arc some respondents who did not oppose the application as alleged by the applicants. The application be and is hereby dismissed with costs,” said Justice Manzunzu.
Katsimberis and Sharpe are embroiled in a legal battle following a botched joint venture agreement that has spilled into the courts with the latter arguing that the the joint venture was a complete nullity while Katsimberis insists it was valid and only required rectification.
In terms of the agreement, they would form a Joint Venture Company which would be a vehicle to develop housing units and apartments and rent them out for profit.
Sharpe through nominated entities would provide land and Katsimberis would through a nominee company inject money into the project.
The deal collapsed under unclear circumstances with Pokugara Properties destroying a show house that had been constructed by Katsimberis citing that he had constructed the same without approved architectural plans.
The matter and several other matters are still pending at the Courts.
