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Prosper Dembedza Herald Correspondent

The showroom that was built by George Katsimberis in Borrowdale was constructed without an approved plan, and therefore its demolition was lawful, the court heard this afternoon.

This was revealed by City of Harare bosses in the matter in which they are facing charges of instructing Pokugara Properties to demolish it.

The city bosses also insisted that they had the lawful and legal authority to instruct the demolition.

Zvenyika Chawatama, Mandla Marlone Ndebele, Samuel Nyabezi, Lasten Taonezvi and Pokugara properties former managing director Michael Van

Blerk are represented by Charles Kwaramba and advocate Tawanda Zhuwarara.

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 was not recommended.

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 permits.

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 its destruction?” Mr Zhuwarara asked.

Katsimberis denied saying the High court did not issue that order.

He was told by Mr Zhuwarara that the Muzenda judgement dated October 15, 2018 was existing.

Katsimberis then admitted to the existence of that judgement but said the judgement was given without consideration of some facts he submitted.

Mr 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 the legality of the structure that was demolished?” Mr Zhuwarara asked.

“Yes,” Katsimberis replied

“Is it correct that you approached Supreme Court asking to set aside the whole determination by Justice Muzenda?” Mr Zhuwarara further asked.

“Correct,” Katsimberis answered.

Mr 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 merit.

Katsimberis said the City of Harare offered a suggestion that the house could be demolished saying it was not an order.

The court heard that the City of Harare in the affidavit to the High Court indicated that the showroom will be pulled down immediately, a fact which was confirmed by the Supreme Court.

Mr Zhuwarara said if the Pokugara Properties did not pull down the house, they were going to be fined, and Katsimberis admitted.

Kwaramba also said the position by the City of Harare was also upheld by the High Court and Supreme Court.

Magistrate Feresi Chakanyuka postponed the trial to tomorrow for continuation of trial.