The Harare High Court will on Thursday hear a case where prominent developer George Katsimberis is seeking the nod to launch a private prosecution against his former business partner Ken Sharpe on fraud charges.
Katsimberis’ proposed charges emanate from a botched joint venture agreement he signed with Sharpe in 2016 where he said he was prejudiced of US$1 million after his erstwhile business partner unilaterally terminated it.
He said he was forced to approach the High Court to persuade it to grant him a private prosecution certificate after realising that the National Prosecuting Authority (NPA) was reluctant to prosecute Sharpe.
Katsimberis reported the case to the police under case number CRB CR 246-11-18 (CCD Ref DR 117-11-18), but the NPA has refused to prosecute Sharpe, hence the High Court application.
His lawyer Charles Warara said the NPA had ignored several letters from his client demanding Sharpe’s prosecution.
“As you are aware, you have a duty to issue a certificate nolle prosequi as requested,” Warara wrote in a letter to the NPA dated January 12, 2023.
“We duly complied with your request for our client to sign an affidavit.
“We threatened to go to court in our letter of 10 November 2022, but you have not responded at all.”
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“We are by this letter notifying you that we are proceeding as threatened earlier since you have chosen to be difficult.”
Karsimberis and Sharpe, through his company Pokugara Estates, signed a joint venture agreement to form a company, Pokugara Ecofriendly Estates.
According to the agreement, Sharpe was supposed to provide land while Katsimberis was to avail finances for the project.
After Katsimberis parted ways with US$883 728 towards the development of stand 19559 into 21 housing units, Sharpe allegedly cancelled the agreement claiming it was a legal nullity because his company was called Pokugara Properties, not Pokugara Estates.
Katsimberis reported the case to the police, but the NPA refused to prosecute Sharpe.
On July 27, 2022, Warara wrote to the prosecutor general demanding the businessman’s prosecution, but there was no response.
“The results of your assessment of the docket are that your office declined to prosecute the accused,” Warara wrote.
“That decision was, as we are instructed, forwarded to the police but nothing formal was furnished by our client.
“We are instructed to request the nolle prosecute certificate in light of your decision to decline to prosecute.”
In his founding affidavit dated February 6, 2023, Katsimberis said he was applying for the private prosecution certificate because efforts to have Sharpe put to trial under the normal processes had hit a brick wall.
The High Court early last year struck off its roll Katsimberis’ application seeking to force Sharpe to honour his part of the deal.
Sharpe argued that the two did not have any contractual obligations. He said he was forced to move away from the deal because Katsimberis failed to fulfil his part of the bargain.
