HARARE – High Court Judge Justice Never Katiyo has rescinded a judgement he issued on July 28, 2025, in a case involving a Bulgarian state-owned company, Technoimpex JSC, following a formal complaint that alleged the ruling was erroneously issued for a matter that was never argued in court.
The decision, made on Thursday, August 7, 2025, came in the form of a consent order, meaning all parties involved agreed to the rescission.
The order stated, “In terms of rule 29 of the High Court rules, judgement which was erroneously issued on 28 July 2025 under case number HCH6784/19 be and is hereby rescinded.” No order was made as to costs.
The rescinded judgement was part of a long-running legal dispute over the ownership of a property known as Bath Mansions Flats in Harare.
Technoimpex JSC, the foreign firm, has claimed ownership of the property since 1989. The company has been in a legal battle with Zimbabwean nationals, Rajendrakumar Jogi and Sarah Hwingwiri, who are accused of using a “clone” company to fraudulently sell and transfer the property.
The foreign firm’s legal representatives, Sinyoro & Partners, had lodged a complaint with Zimbabwe’s Judicial Service Commission (JSC), alleging that Justice Katiyo had issued the final judgement without any hearing taking place and had referenced oral arguments that never happened.
The complaint stated the firm’s concerns that the judge’s actions “sail perilously close to criminality” and assisted the alleged fraudsters.
The formal complaint to the JSC, which was copied to Chief Justice Luke Malaba and the Law Society of Zimbabwe, had called for an investigation into the judge’s conduct.
“We are seriously concerned that the improprieties involved sail perilously close to criminality and are astounded at the conduct of the Honourable Judge.
“His insistence that there was an appearance before him when it is objectively impossible for there to have been such an appearance is gravely worrisome,” the lawyers stated.
“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, against which our client has expended a fortune trying to undo.
“It is unfathomable that Jogi and Hwingwiri could perpetrate all these illegalities without the assurance of assistance.
“The conduct of the Honourable Judge complained of constitutes in our view such assistance and does not seem to reflect commitment to the judicial oath of office.”
While the rescission rectifies the immediate procedural irregularity, it does not address the broader allegations of impropriety raised by Technoimpex JSC.
The property’s fate remains in limbo, and the firm’s legal team has urged the Sheriff of the High Court not to enforce any judgement pending a full investigation into the matter.
The outcome of the JSC’s inquiry into Justice Katiyo’s conduct is still pending.
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