High Court judge, Justice Never Katiyo, has made an extraordinary ruling, overturning a judgment he delivered just 10 days earlier in a dispute between a Bulgarian company and a local firm accused of seizing its properties.
In an order dated 7 August, Justice Katiyo formally set aside the 28 July decision, citing a procedural error. The order, made in terms of Rule 29 of the High Court Rules, 2021, reads:
“Judgement which was erroneously issued on 28 July 2025 under case number HCH6784/19 be and is hereby rescinded.”
The ruling was withdrawn after a strong complaint from top lawyer Advocate Thabani Mpofu, who was listed in the judgment as representing Technoimpex JSC even though he had never appeared in court. Mpofu called the decision “totally made up.”
Justice Katiyo may now face an inquiry by the Judicial Service Commission (JSC), which could recommend that the president set up a tribunal to decide if he is fit to remain on the bench, should his conduct be found to damage the judiciary’s reputation.
The case involves Technoimpex JSC, a Bulgarian-registered company, in a dispute with several Zimbabwean individuals and entities, including Rajendrakumar Jogi, Sarah Hwingwiri, and a locally registered company with the same name, Technoimpex JSC (Private) Limited.
At the centre of the fight is ownership of Bath Mansions Flats, a prime property in Avondale, Harare.
The legal battle is over whether the Bulgarian firm had the proper authority to sue.
Its application was based on an affidavit from Borislav Boynov, who claimed to act under a special power of attorney.
In the original 28 July judgment, now set aside,Justice Katiyo ruled in favour of the respondents, saying the company had failed to prove that Boynov was authorised by a board resolution. He concluded that without this resolution, there was no valid case before the court.
The controversy lies in the fact that no hearing was ever held, even though the judgment suggested lawyers had argued the matter in open court.
No hearing date was recorded, and both Mpofu and Technoimpex’s lawyers confirmed the case was still pending, with a hearing scheduled for 15 September.
The 7 August order overturning the judgment gives no extra details, but the lack of any reference to a hearing confirms the decision was made without due process.
Justice Katiyo has since stepped away from the case.
More: ZimLive
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