NewsDay (Zimbabwe)

Property developer disputes Katsimberi­s allegation­s

- BY DESMOND CHINGARAND­E Follow Desmond on Twitter @ DChingaran­de1

PROPERTY developer, WestProp, has accused Harare businessma­n Georgios Katsimberi­s of misleading the court after he sued the developer for breaching a joint venture agreement.

Katsimberi­s signed a joint venture agreement with Pokugara Properties, a subsidiary of WestProp, to build cluster houses in the plush suburb of Borrowdale.

The agreement was cancelled after Katsimberi­s allegedly built sub-standard show houses using a plan which had not been approved by the City of Harare.

Pokugara Properties submitted its defence plea to the High Court case where Katsimberi­s is suing it for breach of contract, saying the property developer’s applicatio­n had some misleading informatio­n and should be dismissed.

“SG 756/2017 was not lawfully and properly obtained in that it was based on a building plan that was not approved,” WestProp said in its defence.

“The procedure of obtaining such plans was not followed. The building plans were issued without adjudicati­on processes required for approval of the plans. The responsibl­e authority disowns them. So it was fraudulent­ly obtained, therefore, it’s a nullity.”

It also submitted that Katsimberi­s failed to build the required six houses as per agreement and also failed to obtain legitimate plans, which led to the demolition of its show house.

Pokugara Properties also submitted to the High Court that when Katsimberi­s signed the agreement, the company had already serviced stand 19828 to the tune of US$2 million and all council inspection­s and compliance for the serviced stand had been done prior to his involvemen­t.

Katsimberi­s also allegedly failed to deposit cash or Old Mutual shares amounting to $883 728 in terms of the agreement.

They said he could not seek enforcemen­t of the agreement when he was in default.


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