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Judge Katiyo in legal storm over 'fraudulent' ruling on unheard case
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Zimbabwean High Court Justice Never Katiyo is facing mounting scrutiny over allegations of judicial impropriety, after delivering a ruling in a case that lawyers say has not yet been argued before him - with the hearing only scheduled for September and an interlocutory application still pending.
The controversy stems from a dispute involving Technoimpex JSC, a state-owned Bulgarian real estate company, and Harare businessman Rajendrakumar Jogi alongside six others accused of fraud over residential property deals dating back to 2013. The case, which has dragged through the courts since 2017, has seen multiple preliminary hearings since Katiyo began presiding over it in October last year.
In a shock twist, Technoimpex's legal team at Sinyoro and Partners say they were stunned to discover a judgment dated July 28, 2025, in which Justice Katiyo discharged a provisional order and struck the matter off the roll - despite no hearing having been held. The ruling also purportedly records appearances by prominent advocate Thabani Mpofu for the applicant, as well as senior counsel David Sanhanga and Lewis Uriri for the respondents.
However, both Mpofu and Technoimpex's lawyers insist no such appearances or submissions ever took place.
In a letter to the High Court Registrar, Mpofu expressed alarm, stating:
"It is obviously not true that I appeared before his lordship and made those submissions. In my view, the judgment is totally made up… This is not the first time in this dispute that his lordship has attributed submissions to me that I never made in the course of determining matters that were never argued before him."
The lawyers allege that Justice Katiyo's conduct amounts to fabricating proceedings and undermining due process, warning that the judgment is "a clear irregularity" given the matter is set down for argument on September 15, 2025.
When confronted in a meeting with Sinyoro and Partners, Justice Katiyo reportedly stood by his version, insisting the lawyers had appeared and made the disputed submissions.
The firm has since escalated the matter to the Judicial Service Commission (JSC), accusing the judge of conduct "perilously close to criminality" and urging urgent investigation. In a strongly-worded letter to JSC secretary Walter Chikwana, copied to Chief Justice Luke Malaba, High Court Judge President Justice Mary Zimba-Dube, and the Law Society of Zimbabwe, the lawyers wrote:
"The conduct of the judge has to be viewed in the context of the nature of the dispute and the overall criminality that has been exhibited… The discharge of the protection accorded our client without a hearing is by design. The fact that the judge has spurned the opportunity to correct matters puts that beyond all doubt."
The dispute risks damaging the credibility of Zimbabwe's judiciary, particularly as it involves a foreign state-owned company and allegations of judicial bias in favour of the accused. The JSC has yet to issue a public response.
If substantiated, the allegations could trigger an unprecedented disciplinary process against a sitting High Court judge - a rare event in Zimbabwe's legal history.
The controversy stems from a dispute involving Technoimpex JSC, a state-owned Bulgarian real estate company, and Harare businessman Rajendrakumar Jogi alongside six others accused of fraud over residential property deals dating back to 2013. The case, which has dragged through the courts since 2017, has seen multiple preliminary hearings since Katiyo began presiding over it in October last year.
In a shock twist, Technoimpex's legal team at Sinyoro and Partners say they were stunned to discover a judgment dated July 28, 2025, in which Justice Katiyo discharged a provisional order and struck the matter off the roll - despite no hearing having been held. The ruling also purportedly records appearances by prominent advocate Thabani Mpofu for the applicant, as well as senior counsel David Sanhanga and Lewis Uriri for the respondents.
However, both Mpofu and Technoimpex's lawyers insist no such appearances or submissions ever took place.
In a letter to the High Court Registrar, Mpofu expressed alarm, stating:
"It is obviously not true that I appeared before his lordship and made those submissions. In my view, the judgment is totally made up… This is not the first time in this dispute that his lordship has attributed submissions to me that I never made in the course of determining matters that were never argued before him."
The lawyers allege that Justice Katiyo's conduct amounts to fabricating proceedings and undermining due process, warning that the judgment is "a clear irregularity" given the matter is set down for argument on September 15, 2025.
When confronted in a meeting with Sinyoro and Partners, Justice Katiyo reportedly stood by his version, insisting the lawyers had appeared and made the disputed submissions.
The firm has since escalated the matter to the Judicial Service Commission (JSC), accusing the judge of conduct "perilously close to criminality" and urging urgent investigation. In a strongly-worded letter to JSC secretary Walter Chikwana, copied to Chief Justice Luke Malaba, High Court Judge President Justice Mary Zimba-Dube, and the Law Society of Zimbabwe, the lawyers wrote:
"The conduct of the judge has to be viewed in the context of the nature of the dispute and the overall criminality that has been exhibited… The discharge of the protection accorded our client without a hearing is by design. The fact that the judge has spurned the opportunity to correct matters puts that beyond all doubt."
The dispute risks damaging the credibility of Zimbabwe's judiciary, particularly as it involves a foreign state-owned company and allegations of judicial bias in favour of the accused. The JSC has yet to issue a public response.
If substantiated, the allegations could trigger an unprecedented disciplinary process against a sitting High Court judge - a rare event in Zimbabwe's legal history.
Source - byo24news
