Prosper DembedzaHerald Correspondent
Builder George Katsimberis on Tuesday approached the High Court seeking permanent stay of his proceedings in a matter in which he is accused of defrauding a property company of close to USS$1 million in a joint venture to build cluster houses in Borrowdale, Harare.
Katsimberis is accused of bulding a show house without approved architectural plans which resulted in it being demolished by the City of Harare.
Following the demolition of the show house on account of its alleged illegalities, Katsimberis jointly accused the project owners and City of Harare officials for perjury and malicious damage to property.
High Court judge Justice Siyabona Musithu on Tuesday reserved his judgement on the matter after prosecutor Michael Reza suggested that if the order requested would be stayed, the State would want all the matters between the two parties to be stayed.
“It is ordered that proceedings in the lower court pertaining to a matter where the applicant (Katsimberis) is the accused be stayed pending judgement on this court, to be made on 12 September, 2022. Judgement on the application is reserved,” said Justice Musithu.
Deputy prosecutor Mr Michael Reza said it was concerning to note that Katsimberis had many applications for stay of proceedings pending before the High Court.
He said they currently have two applications for review being handled, and one was struck off because it was improperly brought before the courts.
Mr Reza added that Katsimberis made an application at the magistrate court for referral of his fraud case to the constitutional court, where he is alleging his rights had been infringed, but his case was dismissed.
“He should have approached the Constitutional Court directly after his application was dismissed but that was not done. What they have done instead is to come to this court seeking permanent stay which is improper,” said Mr Reza.
Mr Reza further said that the State had no problem with this but he suggested that the perjury and malicious damage to property should also be stayed at the same time.
Recently, another High Court judge, Justice Jacob Manzunzu ordered Katsimberis to pay legal costs for wasting the time of respondents in the same case.
Katsimberis was seeking an interdict in the ownership wrangle but the case failed to kick off at his instance.
After the matter failed to kick off, Justice Manzunzu postponed the matter but said Katsimberis should pay legal costs to the respondents on a legal practitioner and client scale.