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Justice Katiyo withdraws 'made-up' ruling
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High Court judge Justice Never Katiyo has sensationally rescinded a judgement he delivered just 10 days earlier, after a top lawyer accused him of fabricating the court proceedings.
In a fresh order dated August 7, Justice Katiyo set aside his July 28 ruling in a high-stakes ownership dispute between Bulgarian company Technoimpex JSC and a group of Zimbabwean individuals and entities accused of hijacking the foreign firm's prime Harare property.
"Judgement which was erroneously issued on 28 July 2025 under case number HCH6784/19 be and is hereby rescinded," reads the terse order, issued under Rule 29 of the High Court Rules, 2021.
The reversal follows a formal complaint by Advocate Thabani Mpofu, whose name appeared in the original judgement as counsel for Technoimpex - despite him never appearing in the matter. Mpofu described the judgement as "totally made up".
The episode has triggered calls for an inquiry by the Judicial Service Commission (JSC), which could recommend a presidential tribunal to assess the judge's fitness to remain on the bench if his conduct is found to have damaged the integrity of the judiciary.
The case pits the Bulgarian-registered Technoimpex JSC against several respondents - including Rajendrakumar Jogi, Sarah Hwingwiri, and a locally registered clone company, Technoimpex JSC (Private) Limited - over ownership of Bath Mansions Flats, an upmarket property at 32 Bath Road, Avondale.
The legal fight centres on whether the Bulgarian company had the proper authority to sue, with its application supported by an affidavit from Borislav Boynov, who claimed to act under a special power of attorney.
In his now-withdrawn ruling, Justice Katiyo had sided with the respondents, holding that the absence of a formal board resolution authorising Boynov to act rendered the proceedings invalid.
What has rocked the legal fraternity, however, is that the judgement suggested a full hearing had taken place - complete with legal arguments presented by named lawyers for both sides - when in fact no such hearing had occurred.
Both Mpofu and Technoimpex's instructing law firm, Sinyoro & Partners, confirmed the matter was still pending and had been set down for September 15.
The August 7 rescission order offered no explanation beyond citing an error, but it effectively confirmed that the July 28 judgement had been handed down without due process. Justice Katiyo has since recused himself from the matter.
A senior lawyer, speaking on condition of anonymity, said the episode vindicated concerns over the judge's appointment. "This judge has done everything to prove he properly failed those interviews," the lawyer quipped, referring to reports that Katiyo had failed public judicial interviews in 2021 but was appointed by President Emmerson Mnangagwa regardless.
The JSC has yet to comment on whether it will initiate disciplinary proceedings.
In a fresh order dated August 7, Justice Katiyo set aside his July 28 ruling in a high-stakes ownership dispute between Bulgarian company Technoimpex JSC and a group of Zimbabwean individuals and entities accused of hijacking the foreign firm's prime Harare property.
"Judgement which was erroneously issued on 28 July 2025 under case number HCH6784/19 be and is hereby rescinded," reads the terse order, issued under Rule 29 of the High Court Rules, 2021.
The reversal follows a formal complaint by Advocate Thabani Mpofu, whose name appeared in the original judgement as counsel for Technoimpex - despite him never appearing in the matter. Mpofu described the judgement as "totally made up".
The episode has triggered calls for an inquiry by the Judicial Service Commission (JSC), which could recommend a presidential tribunal to assess the judge's fitness to remain on the bench if his conduct is found to have damaged the integrity of the judiciary.
The case pits the Bulgarian-registered Technoimpex JSC against several respondents - including Rajendrakumar Jogi, Sarah Hwingwiri, and a locally registered clone company, Technoimpex JSC (Private) Limited - over ownership of Bath Mansions Flats, an upmarket property at 32 Bath Road, Avondale.
The legal fight centres on whether the Bulgarian company had the proper authority to sue, with its application supported by an affidavit from Borislav Boynov, who claimed to act under a special power of attorney.
What has rocked the legal fraternity, however, is that the judgement suggested a full hearing had taken place - complete with legal arguments presented by named lawyers for both sides - when in fact no such hearing had occurred.
Both Mpofu and Technoimpex's instructing law firm, Sinyoro & Partners, confirmed the matter was still pending and had been set down for September 15.
The August 7 rescission order offered no explanation beyond citing an error, but it effectively confirmed that the July 28 judgement had been handed down without due process. Justice Katiyo has since recused himself from the matter.
A senior lawyer, speaking on condition of anonymity, said the episode vindicated concerns over the judge's appointment. "This judge has done everything to prove he properly failed those interviews," the lawyer quipped, referring to reports that Katiyo had failed public judicial interviews in 2021 but was appointed by President Emmerson Mnangagwa regardless.
The JSC has yet to comment on whether it will initiate disciplinary proceedings.
Source - zimlive
