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Fidelis Munyoro Chief Court Reporter
The acrimonious land wrangle pitting Pokugara Property (Pvt) Ltd and their business partner, George Katsimberis, has taken a new twist, with the property firm’s directors teaming up to thwart the businessman’s latest bid to block the sale of residential stands on the disputed upmarket piece of land.

Katsimberis filed his latest petition with the High Court two weeks ago, seeking an order barring the companies, Castle Horpe Investments, Pokugara Eco-friendly and Pokugara Properties — fronted by Mr Kenneth Raydon Sharpe, from disposing of the stands.

He claims to have made a huge investment into the upmarket housing project.

Despite having lost the claim previously in the High Court and Supreme Court, Katsimberis is not accepting defeat as he continues with the fight.

Pokugara directors represented by Ms Tatiana Aleshina are opposing Katsimberis latest bid, arguing the matter has been adjudicated by a competent court, hence could not be pursued further by the same parties.

In the opposing papers filed last week at the High Court, Ms Aleshina argues that Katsimberis’ move to seek an interdict against the sale of stands on the piece of land measuring 20 8438 hectares owned by Pokugara Properties, was a non-event because the latter has previously sought and failed to obtain the same relief in the courts.

She said Katsimberis’ case was predicated on the alleged existence and efficacy of the parties’ June 15, 2016 perceived agreement, which states that “any dispute that may arise as a result of the interpretation or application of the agreement shall be referred to arbitration in terms of the Arbitration Act”.

In this regard, Ms Aleshina argued that Katsimberis had approached the wrong forum to obtain an interdict or any other action and implored the court to deny him audience, but direct him to seek recourse in terms of the Arbitration Act.

In his summons under HC 3810/20, Katsimberis is seeking alternative relief in the form of a monetary claim of US$17 875 000 in leu of their land claim.

But Pokugara argued that the total value of his purported cost can be deduced to be no more than $883 728,48 for all six houses which Katsimberis’ company never built.

The matter is yet to be set down for hearing.