KEY POINTS
- Technoimpex JSC says that Justice Never Katiyo made decisions about cases that were never heard in court.
- The company says that the courts made a mistake when they gave its Harare property to a cloned company
- The complaint talks about how Zimbabwe treats investors from other countries and how fair the courts are.
A Bulgarian state-owned company says that a Zimbabwean High Court judge helped a fake property transfer in Harare, which raises concerns about how the courts handle disputes between foreign investors.
Technoimpex JSC filed a strongly worded complaint on July 31, saying that Justice Never Katiyo made a decision in a case that was never argued in court. The company says this helped local actors illegally take control of a multi-million-dollar asset.
The complaint, which was sent to the Judicial Service Commission by the Harare-based law firm Sinyoro & Partners, says that the judge “fabricated” a court appearance, brought up arguments that never happened, and ignored direct orders from Zimbabwe’s Supreme Court.
The lawyers wrote, “We are very worried that the wrongdoings are very close to being crimes.” “It is hard to believe that the criminals could do these things without help.”
A $2 million property and a fake company
Bath Mansions, a block of flats in Avondale, Harare, is at the center of the disagreement. Technoimpex says it has owned the building since 1989. But in 2019, the property was sold to Zimbabwean national Rajendrakumar Jogi through a company that supposedly copied Technoimpex’s name, Technoimpex JSC (Private) Limited, and sold it to another local buyer, Mustak Girach.
The Bulgarian company says it never agreed to a sale, never got paid, and was never asked for advice. Its lawyers say that the whole deal is based on fake paperwork and that the courts were its last chance to get the asset back. Technoimpex says that instead, it has run into problems with the courts.
Justice Katiyo is said to have made decisions in both HCH6784/19 and HCH2524/22 without holding hearings. The judge threw out the case in the first one and lifted a freeze order, even though an interlocutory application was still pending. Even worse, the decision talks about oral arguments from Advocate Thabani Mpofu, who said in writing that he never went to court. The company sent the complaint along with Mpofu’s letter of denial.
Not following supreme court orders
The lawyers for Technoimpex also say that the judge didn’t follow the Supreme Court’s orders, which had sent the case back to the lower court for a hearing on the merits and told the High Court not to re-litigate procedural objections. Instead, the judge is said to have focused only on those objections.
The company says this is the second time Katiyo has made a decision in this case without a hearing. A third case, which has been fully argued, has been sitting undecided for almost a year.
Bulgarian state firm says there is bigger effects on investment
The property is worth just over US$2 million, but the diplomatic fallout could go much further. Technoimpex is a Bulgarian company owned by the government that has done business in Zimbabwe in the past. Bulchimex GmbH, its sister company in Germany, also has investments in the area.
The complaint says, “This shows that Zimbabwe isn’t good at protecting foreign property rights.” “It will make investors less likely to invest.”
The complaint has been received by the Judicial Service Commission. The Chief Justice, the Judge President, the Sheriff, and the Law Society of Zimbabwe all got copies.
Technoimpex is now asking for any enforcement related to the disputed ruling to be put on hold. If the JSC agrees with the complaint, Justice Katiyo could face disciplinary action. The property is still up in the air, and so is the trustworthiness of Zimbabwe’s judicial system when it comes to foreign investment.
