HARARE — Justice Never Katiyo of the Harare High Court has issued an extraordinary order setting aside a judgement he handed down just 10 days earlier in a dispute between a Bulgarian company and a local entity accused of hijacking its properties.
In a court order dated August 7, Justice Katiyo formally rescinded the July 28 ruling, citing procedural error.
“Judgement which was erroneously issued on 28 July 2025 under case number HCH6784/19 be and is hereby rescinded,” the order, made in terms of Rule 29 of the High Court Rules, 2021, reads.
The withdrawal follows a scathing complaint filed by top lawyer Advocate Thabani Mpofu, who was recorded in the judgement as having appeared for the applicant, Technoimpex JSC — despite never stepping into court. Mpofu described the ruling as “totally made up.”
Justice Katiyo may now face an inquiry by the Judicial Service Commission (JSC), which has powers to recommend that the president establish a tribunal to assess a judge’s fitness to remain on the bench, should it find that their conduct brings the judiciary into disrepute.
The case pits Technoimpex JSC, a foreign-registered company, against several Zimbabwean individuals and entities, including Rajendrakumar Jogi, Sarah Hwingwiri, and a locally registered clone company — Technoimpex JSC (Private) Limited — which is laying claim to a prime real estate asset: Bath Mansions Flats, located at 32 Bath Road in Avondale, Harare.
The legal fight revolves around ownership of the property, and whether the Bulgarian company had the proper authority to sue. Technoimpex’s application was supported by an affidavit from one Borislav Boynov, who purported to act under a special power of attorney.
In the original judgement — now set aside — Justice Katiyo sided with the respondents, holding that the company had failed to prove that Boynov was authorised by a board resolution to act on its behalf. He ruled that the absence of such a resolution was fatal to the company’s case.
“In short, there is no legal proceeding before the court by the company, given the want of authority,” the withdrawn ruling had concluded.
While the legal reasoning in the case remains open to argument, it is the fact that no hearing ever took place which has shaken the legal community. The July 28 judgement gave the impression that arguments were made in open court — naming lawyers for all parties — yet no hearing date was recorded.
Both Mpofu and Technoimpex’s lawyers, Sinyoro & Partners, confirmed the matter was still pending and had been set down for hearing on September 15.
The rescission order issued on August 7 contains no further detail, but the absence of any mention of a hearing effectively confirms that the judgement was issued without due process. Justice Katiyo is reported to have since recused himself from further involvement in the case.
“This judge has done everything to prove he properly failed those interviews,” said a senior lawyer, referring to widespread reports that Justice Katiyo failed public judicial interviews in 2021, but was appointed to the bench by President Emmerson Mnangagwa regardless.
The Judicial Service Commission has yet to comment on whether disciplinary action will be taken.
