BUSINESSMAN George Katsimberis has misplaced a Excessive Court docket bid to cease his former enterprise associate Kenneth Raydon Sharpe from promoting residential stands on a disputed piece of land in Harare.
His firm, Coolfitch Investments, had sued Sharpe, in his capability because the trustee of the Kilimanjaro, Porcupine and Hamster trusts, alongside Castlehorpe Investments, Pokugara Ecofriendly Property, Pokugara Properties Pvt Ltd and the Registrar of Deeds.
Katsimberis wished to interdict Sharpe from transferring the property that was disposed of by the Excessive Court docket and Supreme Court docket in 2020.
The property was bought to a neighborhood couple Erasmus and Sibusisiwe Chindove by Sharpe’s Pokugara Properties.
Katsimebris and Sharpe have been at one another’s throats for some time following a 2016 three way partnership deal which went flawed.
When it comes to the deal, they might float an organization as a car to develop housing models and residences and lease them out for revenue.
Sharpe would by a nominee firm present land and Katsimberis would by a nominee firm inject cash into the challenge.
The deal, nevertheless, quickly collapsed resulting in a protracted authorized battle .
Sharpe maintains the three way partnership was an entire nullity whereas Katsimberis insists it was legitimate and solely required rectification.
Sharpe alleges there was ill-performance by his former associate who went on to construct unlawful buildings on their land, resulting in their demolition by Harare Metropolis Council.
Katsimberis has been preventing the case since 2018.
After his preliminary court docket utility was struck off the roll for being faulty, he appealed to the Supreme court docket the place his attraction was dismissed.
There have been no additional authorized developments till July 2020.
Katsimebris issued summons towards Sharpe and the motion continues to be pending.
The businessman then filed the newest utility looking for an interim aid barring the switch of the disputed property to anybody together with the Chindove’s .
Sharpe had argued that after the applying was struck off the roll, Katsimberis ought to have taken motion inside 30 days however didn’t achieve this therefore the matter was deemed deserted, therefore the choose’s ruling.
“Katsimberi had 30 inside which to rectify any such of the defects as might need disqualified his case from being heard on the deserves. He didn’t. As an alternative he appealed. However the attraction failed as a result of he did nothing additional after the dismissal. So he was deemed by legislation to have deserted his case,” Justice Jacob Manzunzu dominated.
He added: “I uphold the respondents level in limine (preliminary factors) that this matter is challenge estoppel. The place stands even when there are some respondents who didn’t oppose the applying as alleged by the candidates. The appliance be and is hereby dismissed with prices.”
